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HomeMy WebLinkAbout1982 01-25 CCP Regular Session CITY COUNCIL AGENDP, CITY OF BROOKLYN CENTER . January 25, 1982 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. *Approval of Minutes - December 7, 1981 - January 11, 1982 7. *Mayoral Appointments - Housing Commission - Housing Commissioner Karen Duenow's term expired on December 31, 1981. She has not yet been reappointed to the Housing Commission but has agreed to serve another term. 8. Resolutions: a. Accepting Bid and Awarding Contra for Well No. 6 Improvement Project 1982 --01 (Contract 1982 -A) It is recommended the low bid of Layne Minnesota Company in the amount of $13,763 be accepted. b. Establishing Diseased Shade Tree Removal Project No. 1982 -04, Approving Specifications for Diseased Shade Tree Removal Project No. 1982 -04, and Directing Advertisement for Bids (Contract 1981 -C) C. Approving a Classification List of Nonconservation Land in Hennepin County 9. Ordinances a. An Ordinance Amending Chapter 35 of the City Ordinances Instituting Flood Plain Management Regulations -This ordinance was first read at the January 11, 1982 meeting, published on January 14, 1982, and is recommended for a second reading this evening. A public hearing on this ordinance has been scheduled for 7:30 p.m. b. An Ordinance Adopting a Uniform Fire Code Prescribing Regulations Governing Conditions Creating a Hazzard. from Fire or Explosion, and Establishing a Bureau of Fire Prevention and Providing Officers Therefor and Defining Their Powers and Duties • -This ordinance is offered for a first reacting this evening. CITY COUNCIL AGENDA -2- January 25, 1982 10. Planning Commission Items (7:45 p.m.) The following Planning Commission Applications were recommended for approval by the Planning Commission at its January 14, 1982 meeting: a. Application No. 82001 submitted by William Dale for preliminary plat approval tore- subdivide the land at 4815 France Avenue North and the vacant parcel to the west by shifting the common property line eastward to the Dale Tile parking lot. b. Application No. 82002 submitted by Donald Stark for preliminary plat approval to subdivide a 100' by 200' - vacant Rl lot south of 56th Avenue North, on the east side of Camden Avenue North. C. Application No. 82003 submitted by Donald Stark for a variance from the subdivision ordinance, Section 15 -106: G.2 (DD) to allow two residential lots with a depth of less than 110'. d. Application No. 82005 submitted by James Madden /Earle Brown Bowl for a site and building plan and special use permit approval to expand the bar and lounge at the Earle Brown Bowl at 6440 James Circle. e. Application No. 82006 submitted by Farrell's for a special use permit approval to convert a 17' by 28' dining room into a game room for use by restaurant patrons at 5524 Brooklyn Boulevard. f. Application No. 82007 submitted by United Artists' Theatre for special use permit approval to operate and maintain five electronic games in the lobby of the United Artists' Theatre at 5810 Shingle Creek Parkway. 11. Public Hearing on an Industrial Development Revenue Bond Proposal from Ryan Construction (8:00 p.m.) -The public hearing is for Brookdale Corporate Center Phase 2 located directly across from City Hall on Shingle Creek Parkway. 12. Discussion Items: a. 1982 Legislative Program for Brooklyn Center -The staff will be prepared to discuss proposed special legislation for the 1982 Session. b. Update on Cable Television C. Update on 1982 State Aids Reduction 13. Consideration of Specified Licenses: a. Approval of Taxicab Licenses *14. Licenses 15. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 7, 1981 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:08 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, Director of Planning & Inspect.ion Ron Warren and Administrative Assistant Brad Hoffman. INVOCATION The invocation was offered by Pastor John Harris of the Brooklyn United Methodist Church. APPROVAL OF MINUTES - NOVEMBER 9, 1981 There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the minutes of the regular City Council meeting of November 9, 1981 as sub- mitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. • OPEN FORUM Mayor Nyquist noted that the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to use the Open Forum. There being none, he proceeded with the regular agenda items. RESOLUTIONS RESOLUTION NO. 81 -243 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER ASSESSMENT RATES EFFECTIVE JANUARY 1, 1982 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -244 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AMENDING MUNICIPAL STATE AID STREET CONSTRUCTION POLICY 12 -7 -81 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in • favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -245 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION SETTING FINAL DATE FOR SUBMITTAL OF PETITIONS FOR LOCAL IMPROVEMENTS - 1982 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -246 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1980 -P (67TH AVENUE NORTH STORM SEWER EXTENSION) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereof, the .following_ voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. • RESOLUTION NO. 81 -247 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -D (WATER MAIN IMPROVEMENT PROJECT NO. 1981 =05, SANITARY SEWER IMPROVEMENT PROJECT NO. 1981 -06, STORM SEWER IMPROVEMENT PROJECT NO. 1981 -07, STREET IMPROVEMENT PROJECT NO. 1981 -08: EARLE BROWN DRIVE) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. e RESOLUTION NO. 81 -248 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -F (63RD. AVENUE NORTH WATER MAIN) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. 12 -7 -81 -2- . �t RESOLUTION NO. 81 -249 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -I The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -250 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -M The motion for the adoption of the foregoing resolution was duly seconded by member Gene L p g Lhotka, and upon vote being taken thereon, the following voted in favor thereof. Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -251 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF REV. C. ROGER STACY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka acknowledging termination of the Joint Parking Agreement between Northwestern Bell and School District #286 in reference to Planning Application No. 75043. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. CONSIDERATION OF SPECIFIED LICENSES There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve a beer license for Pontillo Pizza at 5937 Summit Drive. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. LICENSES There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve the following list of licenses: BOWLING ALLEY LICENSE JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Circle Lynbrook Bowl, Inc. 5357 North Lilac Dr. 12 -7 -81 -3- CIGARETTE LICENSE Advance- Carter Company 850 Decatur Ave. N. B. C. Liquor Store #1 6800 Humboldt Ave. N. B. C. Liquor Store #2 6150 Brooklyn Blvd. B. C. Liquor Store #3 5711 Morgan Ave. N. Denny's Restaurant 3901 Lakebreeze Ave. N. Farrell's Ice Cream Parlor 5524 Brooklyn Blvd. Woolworth's Brookdale Shopping Ctr. Big -Bi Service Station 5710 Xerxes Ave. N. Brooklyn Center Country Boy 4401 69th Ave. N. Brooklyn Center Shell 6245 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. JEM Bowl, Inc. 104 E. 69th St. Earle Brown Bowl 6440 James Circle Jerry's Super Value 5801 Xerxes Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. Q. Petroleum Corp. 1505 69th Ave -. N. Red Owl Stores 215 E. Excelsior ;Ave. Country Store 5425 Xerxes Ave N. Country Store 3600 '63rd Ave. N` Taco Towne Restaurant 6219 Brooklyn Blvd. Thrifty -Scot Motel 6445 James Circle Twin City Novelty 9449 Penn Ave. S. Chuck Wagon Inn 5720 Morgan Ave. N. Twin City Vending Co. 1065 E. Highway 36 Earle Brown Farm Ind. Park 6100 Summit Dr. FOOD ESTABLISHMENT LICENSE Pontillo's Pizzerias, Inc. 5937 Summit Ave. N. NURSING HOME LICENSE Maranatha Conservative Home 5401 69th Ave. N. OFF -SALE NONINTOXICATING LIQUOR LICENSE Brooklyn Center Country Boy 4401 69th Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Country Club Market 5715 Morgan Ave. N. Jerry's Super Valu 5801 Xerxes Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. SuperAmerica Station 6545 W. River Rd. SuperAmerica- Station 1901 57th Ave. N. 7- Eleven Food Stores 1500 69th Ave. N. Q. Petroleum Corp. 1505 69th Ave. N. Rog & Jim's 6912 Brooklyn Blvd. OFF -SALE NONINTOXICATING LIQUOR LICENSE Red Owl Stores, Inc. 215 E. Excelsior Ave. Country Store 5425 Xerxes Ave. N. Country Store 3600 63rd Ave. N. 12 -7 -81 -4- ON -SALE NONINTOXICATING LIQUOR LICENSE Chuck Wagon Inn 5720 Morgan Ave. N. Donaldson's 1200 Brookdale Shopping Ctr Pontillo's Pizza 5937 Summit Ave. N. Rocky Rococo Corp. 1267 Brookdale Shopping - Ctr.. Taco Towne Restaurant 6219 Brooklyn Blvd. POOL AND BILLIARD TABLE LICENSE Advance- Carter Company 850 Decatur Ave. N. B.C. Community Center 6301 Shingle Cr. Pkwy. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. PUBLIC DANCE LICENSE JEM Bowl, Inc. 140 E. 60th St. Earle Brown Bowl 6440 James Circle I SIGNHANGER'S LICENSE DeMars Signs ': 7911 Monroe St. N.E. Voting in favor Mayor Nyquist, Councilmembers Kuefler, Figrar, Lhotka, and Scott.. Voting against: none. The motion passed unanimously. r SUBDIVISION BOND REDUCTION The City Manager introduced the next agenda item that being a subdivision bond reduction for Meadow Corporation -The Ponds Plats III, IV & V. He noted that the item had been tabled at the November 23, 1981 meeting, and that the Developer had been notified that the City Council would consider the matter at this evening's meeting. The Director of Public Works then reviewed the staff's recommendation for the City Council. He noted that the bond amount for Ponds Plats III and IV amounted to $62,000. The items of work covered by the bond included bituminous street, concreta curb and gutter, boulevard sod, required landscaping, street name signs, storm sewer, bituminous driveways and survey mounds. fie noted that the work had been completed except for boulevard sod, driveways, some required landscaping on ten lots, and the surveyors monuments. He recommended that the bond be reduced from $62,000 to $10,000. For the Ponds Plat V, he noted that the original bond was $40,000 and further stated that the work covered by the bond included: bituminous street, concrete curb and gutter, street names and survey mounds.. He stated that the work remaining included survey monuments and boulevard sod. He recommended that the bond be reduced from $40,000 to $10,000. The Director of Public Works expressed the concerns of the City staff for the need of another dike in Plat V. lie also indicated the need to develop turf and weed control in Plats III, IV, and V. The Director of Public Works then referred to a letter from Mr. Duane Dietrich, President of Meadow Corporation, written on December 1, 1981. Councilmember Lhotka inquired if the work done in Plat III was performed by Meadow Corporation or another party. The Director of Public Works indicated the work was performed by another party. Councilmember Lhotka then inquired if the City had been provided with "As -built plans "? The Director of Public Works indicated that we have not been provided with "As- builts" but rather had received pre- construction plans. He further stated that he had several conversations with Mr. Dietrich and that the City has received information from them and feels that the problem can be 12 -7 -81 -5- r resolved. Councilmember Fignar inquired if he was satisfied with the explanations for the problems being received by Meadow Corporation. The Director of Public Works indicated that they were making progress but would like some direction from the City Council relative to the turf problem. Mayor Nyquist then recognized Carole Blowers, 5018 71st Avenue North, who asked to comment on the issue before the Council. She indicated that she had lived at the present address for three years and that she was specifically concerned with the weeds. She noted that the area behind her house is filled with thistle and that it constantly spreads into her yard. She requested that the Council takes some action to rectify that matter. Councilmember Kuefler inquired if the land in question was part of Plat V. The City Manager indicated that it was. The Mayor inquired if the staff was satisfied that the City retains sufficient leverage to accomplish the work to be completed under the bonds. The Director of Public Works indicated that he felt there was sufficient money to perform the work and suggested that the Council set completion deadlines. Councilmember Fignar inquired as to the leverage the City had on UD Construction. The Director of Planning & Inspection indicated that the City had a $50,000 bond from the Meadow Corporation and not from UD Construction. Councilmember Fignar inquired if there was any attempt to reduce the performance bond. The Director of Public Works indicated that it was corrected there was no effort to reduce the performance bond. He indicated he was recommending setting a deadline of June 1, 1982 to allow foreclosure and completion of the project in the contruction season. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to reduce subdivision bond as recommended by the staff. Councilmember Lhotka then inquired again if there was adequate converage for the remaining work. Councilmember Scott indicated that she wants the staff to make the City's position clear to the Meadow Corporation on the matter. Following a brief discussion, Councilmember Kuefler amended his motion to reduce the subdivision bond on condition that the Developer agree in writing to a time extension on the performance bond and that the performance bond be agreed to include all remaining work including sod, driveways and all undeveloped lots to be graded and seeded to a condition to deter weed growth. All work to be completed on or before June 1, 1982. Subdivision Bond 680275 for Plat V is reduced to $10,000 provided the bond included boulevard sod, survey monuments and the bonding company agrees to extend the Performance Bond (673099) in its full amount to cover all work items remaining under the bond and that the dike system shall be completed and the waterway developed to the proposed final grades adjacent to those properties abutting the easterly side of the plat. All work to be completed before June 1, 1982. All areas within the plat to be graded and seeded to deter weed growth. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed uanimously. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to set the date for foreclosure on the performance bonds on June 1, 1982. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed uanimously. DISCUSSION IN CONSIDERATION OF NONRENEWAL OF LIQUOR LICENSE FOR EARLE BROWN BOWL The City Manager introduced the next agenda item, indicating that no action was 12 -7 -81 -6- S was being requested on the Council's part for this evening. He noted that police reports indicate noncompliance on the part of liquor license holder with the City's liquor license ordinance. He specifically noted that liquor sales are greater than food sales. He briefly reviewed the history of Earle Brown Bowl liquor license situation and added that they had been cooperative in providing information and assistance to the staff. Following a brief discussion, Councilmember Kuefler inquired if the 50% requirement originated with the liquor license election. The City Manager confirmed that was one of the promises made by the City Council upon which the ordinance was originally approved. The City Manager then gave a brief discussion of the history of the original intention of the ordinance. He noted that the food sales versus the liquor sales was intended to be used as a control device to eliminate corner bars. The Director of Planning & Inspection noted that liquor licenses can be issued only to restaurants. He noted that the license was based solely upon the restaurant use and not the bowling use. The City Attorney stated that the ordinance was patterned somewhat after the Bloomington ordinance. He stated the liquor license holder had never been in compliance with the City's ordinance and he did not foresee compliance in the future. He further indicated that they do not market food but rather bowling and liquor. He stated that if the City Council doesn't intend to revoke the license, then they must change the ordinance. Richard Forsler, Attorney for the Earle Brown Bowl, stated that Jim Madden, the owner, had projected that with the proposed operation changes the best that can be expected would be a 60/40 split between food and liquor with liquor being 60, of the sales. He further stated that the only way he could possibly achieve compliance would require some extensive remodeling. In the addition, he indicated that they would be short on seating, approximately 35 seats. He also indicated that he felt he probably needs a variance on the City's parking requirements but that he would like to explore that concept. • Councilmember Fignar inquired if the 1982 projection for a 60/40 liquor food was based on adding spaces. Attorney, Richard Forsler, indicated that it was based solely on operational changes. Councilmember Fignar inquired if the Earle Brown Bowl intended to continue to sub -lease the restaurant. Mr. Jim Madden, the owner, indicated that he did intend to continue the sub -lease agreement. Councilmember Lhotka inquired if the remodeling could be worked out, when would he start. Mr. Madden replied that he would start immediately, once approved. The Director of Planning & Inspection indicated this point in time he had not seen any plans relative to any remodeling of the Earle Brown Bowl. Councilmember Kuefler inquired of the possibility of researching other community ordinances. He further indicated that he would like to maintain the intent of the City's ordinances He stated that he would like to have the City consider a ratio that would include the principal part of a business in the liquor food ratio. Councilmember Lhotka indicated there are bowling alleys that have very good restaurants. He also felt that the owner will have to put more emphasis on food. The City Manager added that staff would research the ordinances in other communities and noted that Lynbrook Bowl would be coming in for a liquor license and have already indicated that they can comply.with the food ratio. Further, we can see how other communities have faired with their ordinances. He further indicated the staff would not like to see any change in the City's ordinance because it has served the City well in keeping the corner bar influence out of the City. Councilmember Lhotka stated that he felt that ordinance has worked well for the City and that he would like to see the staff work with Earle Brown Bowl on the restaurant remodeling. 1 i 4 i } i 12`7 -81 -7- Following a brief discussion, Councilmember Kuefler indicated that lie has some problem of revoking a liquor license for business that has not been a police problem. Mayor Nyquist indicated that he would like to proceed rather slowly with any ordinance changes due to the liquor license ordinance. ORDINANCES ORDINANCE NO. 81 -22 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SEPARATION BETWEEN BUILDINGS IN THE R1 AND R2 DISTRICTS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance x-ras declared duly passed and adopted. A w. A public hearing had been scheduled for this ordinance amendment at 8:00 p.m. The ordinance was first read on November 9, 1981, published on November 19, 1981 and was recommended for a second reading. Mayor Nyquist opened the public hearing on the ordinance amendment. There being no one-present to comment on the ordinance change, Mayor Nyquist asked for a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to accept the Ordinance Amending Chapter 35 Regarding Buildings In R1 And R2 Districts. • r Voting in favor: Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 1 PLANNING COMMISSION ITEMS Is' APPLICATION NO. 81070 SUBMITTED BY SUMMIT MORTGAGE CORPORATION FOR SITE AND BUILDING PLAN APPROVAL TO ADD AN ENCLOSED POR TO THE MAIN HOUSE ON THE EARLE BROWN FARM 6150 SUMMIT DRIVE The Director of Planning & Inspection presented and reviewed for Council members pages l through 4 of the October 19, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81070. Following his remarks, Mayor Nyquist inquired what the long range plans for the Earle Brown farm were. The Director of Planning & Inspection indicated there was not a long -range plan. He further stated that preservation attempts for the farm have been piece mill at best. He added that the Planning Commission feels that the present application before the Council reflects the best possibility for preservation of some of the Earle Brown farm buildings. Councilmember Lhotka indicated that he felt that the application was similar to the other house on Brooklyn Boulevard that was denied the addition of a porch. He stated that the Earle Brown farm was given a special zoning to retain or preserve the building. He indicated that he . could not support the addition as presented. Council- member Kuefler then inquired how the porch would add to the historical significance. Janis Blumentals,',architect for the Earle Brown farm, indicated that the porch added no historical significance by itself but rather helped maintain the buildings by increasing there usage. Councilmember Lhotka emphasized his feelings that he would like to tie approval to the development of a master plan for the farm. The City r i Manager stated that while the Developer could submit a master plan it would be hard to hold them to it. Specifically, because he does not really know what he • is going to do with the farm. He indicated that the Council will have to judge one piece at a time. There was a•motion by Councilmember Lhotka and seconded by Councilmember Scott to deny Planning Application No. 81070. Councilmember Kuefler inquired of the City Attorney what would be required for the Council to deny the application. The City Attorney indicated the Council would have to set forth the reasons for denial. Further, he felt that it was the applicant's position that any alteration of the existing buildings that doesn't change the historical look would be acceptable. Following a brief discussion, Councilmember Kuefler spoke against the motion. He indicated he felt that it helped to preserve the building. Councilmember Lhotka indicated he felt that the preservation of the house was only incidental to its expansion. He felt that the house was expanded so it could meet the needs of the owner. Councilmember Fignar then spoke against the motion to deny. He indicated the building was moved originally at the urging of the City. He added that the porch was insignificant to preservation. He indicated that he thought the intent was there. Vote on the motion to deny Planning Application No. 81070 was held. Voting in favor: Councilmember Lhotka. Voting against: Mayor Nyquist, Council - members Kuefler, Scott, and Fignar. The motion failed. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Planning Application No. 81070 with stipulations set forth by the Planning Commission at its November 19, 1981 meeting. Further, that the field house and the main house be brought into compliance with the City's maintenance code and that building permits not be issued until the plat has been filed. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: Council- member Lhotka. The motion passed. The City Council recessed from 9:30 p.m. to 9:40 p.m. APPLICATION NO. 81071 SUBMITTED BY VOLP CONSTRUCTION COMPANY /DALE TILE COMPANY FOR SITE AND BUILDING PLAN APPROVAL TO REMODEL SPACE INSIDE THE WAREHOUSE AND OFFICE BUILDINGS AT 4815 FRANCE AVENUE NORTH ! The Director of Planning & Inspection reviewed with the Council pages 4 through 6 of the Planning, Commission minutes of November 19, 1981. Following his comments,_ Mayor Nyquist opened the public hearing. There being no public comment, there was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve Planning Application No. 81071 with the stipulations as set forth by the Planning Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. APPLICATION NO. 81072 SUBMITTED BY MR. RUSSELL VISKA FOR A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW THE ERECTION OF A 34' HIGH, 152 SQ. FT. FREESTANDING SIGN AT THE SMOKE PIT RES'T'AURANT AT 5001 DREW AVENUE NORTH The Director of Planning & Inspection reviewed with the Council members pages 6 through 9 of the November 19, 1981 Planning Commission minutes. i r 1 12 -7 -81 -9- Following his review, Director of Planning & Inspection stated that it was the recommendation of the Planning Commission as well as the staff's recommendation • that the application be denied. Councilmember Kuefler inquired if the request was for both additional; height and area. The Director of Planning &Inspection replied that it was. Councilmember Kuefler then inquired if the Holiday Inn variance was for height and area? Planning Director, Ron Warren, replied it was for height only. Having looked at drawings of the proposed sign, Councilmember Lhotka inquired if the reader board was deleted, would he need the variance for the sign height and could he put the reader board on the building? The Director of Planning & Inspection indicated that if he were to delete the reader board from the sign he would need a variance for the height only and that he would have the right to put the reader board on the building. Councilmember Fignar inquired if the Smoke Pit part of the sign was lit. Planning Director, Ron Warren, indicated that it was. Councilmember Fignar then inquired if the lighting affected the neighbors. Mr. Viska replied that the major complaints that he received were from the building lights. Councilmember Lhotka asked Mr. Viska what would happen in five years if the sign doesn't work for him. Mr. Viska replied that he wasn't concerned about five years. He indicated that in five years people will know about the restaurant and the sign will not be a problem. Councilmember Lhotka inquired of Planning Director, Ron Warren, if they would have a problem if they got rid of the reader board. Planning Director, Ron Warren, replied that they would and that the main concern of the Planning Commission was the height. Councilmember Fignar inquired if he would be allowed to lite a roof sign. Planning Director, Ron Warren,, indicated that he would. Mr. Viska then emphasized that the location creates a unique problem for his restaurant. He feels that he has a significant need for the sign and that the sign would have little neighborhood impact Councilmember Lhotka then emphasized that he was concerned about setting a precedent and that he personally did not want to change the sign ordinance. A Mr. Roger Byle indicated that he lives next to the restaurant and that he was opposed to the sign. There being no further discussions, Mayor Nyquist requested a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by'Council- member Fignar to close the public hearing. Voting in favor: Mayor, Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against:. none. < The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to deny Planning Application No. 81072. Councilmember Lhotka then inquired if the applicant were to move his sign to a different location would there be a waiting period for a variance because of this particular denial. The City Attorney indicated there would not be. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION OF THE CITY'S RADIO COMMUNICATIONS SYSTEM The City Manager noted that in early 1980, he had brought to the City's attention the need to review the City's police, fire, and public work's radio system. He noted there were three major components of the City's radio system. First, there is the base stations for the police, fire, and public works; second, the police mobile radio units; third, the police portable radio units. 12 -7 -81 -10- i 1 He added that Mr. Ward Montgomery, the consultant hired to review our radio system, had indicated that the police portable radios are past their useful life and that the radio counsel has reached a point in their effective operating life that they both need replacement. The consultant remarked that the police portable radios are unrealiable and are particularly in need of replacement and rank along with the counsel and base station as the highest priority in need of replacement. The estimated cost for replacement and modification to the dispatching center was $205,250. The City Manager indicated that they were requesting authorization for the consultant to proceed with phase II of his contract which would be to prepare specifications for replacement of our radio system. Councilmember Kuefler then inquired as to the average life expectancy for our radio system. The City Manager indicated the 10'to 15 years. Councilmember Kuefler then inquired if the total dollar cost was for a total system. The City Manager replied it was for everything except the public works mobile units. Councilmember Lhotka inquired as to the number of portables in the fire department. The City Manager indicated there are four or five and that they were not reliable. He also indicated that the staff was looking at a closed circuit TV system in the back hallway of the City hall. He requested authorization to proceed with specs for such with the consultant. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar authorizing phase II to consultant's contract. Voting in favor: Mayor Nyquist, Cou.ncilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION OF THE REVIEW OF THE COSTS AND SPECIAL ASSESSMENT DATA FOR PUBLIC IMPROVEMENTS The City Manager introduced the next discussion item on the Review of the Costs and Special Assessment Data for Public Improvements. The Director of Public Works noted that Project No. 1980 -24, Project Nos. 1979 -06, 1980 -02, 1981 -02, 1981 -07, 1981 -08, and 1981 -17 were all complete or near completion. The Assistant City Engineer, Jim Grube, showed slides of the project and reviewed each in significant detail. Reference was made to a lengthy memorandum from Sy Knapp relative to the assessment of each of the projects which also included Project No. 1981 -05, 1981- 06,.and 1981 -07. Following the staff presentation, Councilmember Kuefler inquired if any changes had been made in the assessment formula. The Director of Public Works indicated they had made no changes. STAFF UPDATE ON STATE BUDGET CUTBACKS The Director of Finance discussed with the Council details of the proposed state budget cutbacks. He noted that aids had already been reduced by $125,104 or 2.1% of the budget. He also indicated that we had taken care of that in our budget. He added that the state has withheld $652,023 in state aids and homestead credits or- about 10.9% of our total budget. He added that he is not sure when that money would be coming. The effect on the 1982 budget was not known but it is anticipated that we would be losing approximately $337,115 or 5.29% of our budget. He also added that federal revenue sharing had been cut about $25,000. He added that the total cut for 1982 budget at this time looks to be about an estimated $400,000. The Director of Finance then gave a brief review of the history of tax changes in the State of Minnesota along with a number of state mandates on the local units of government. 12 -7 -81 -11- 1982 COUNCIL MEETING SCHEDULE The City Manager introduced the next agenda item, that being Proposed Council Meeting Dates for 1982. • Following a brief discussion, there was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to accept the Proposed Dates for 1982 City Council meetings and to set the Board of Equalization meeting date for June 7, 1982 at 7:OO p.m. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:50 p.m. Clerk Mayor I 12 -7 -81 -12- a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL . OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 11, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 :03 p.m. ROLL CALL • Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman w and Tom Bublitz. Also present were Counc ilmen -elect Bill Hawes and Rich Theis. INVOCATION The invocation was offered by Pastor McFarland of Brooklyn Center Church of Christ. APPROVAL OF MINUTES - DECEMBER 21, 1981 There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the minutes of the City Council meeting of December 21, 1981 as submitted. pp Y g Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. Councilmember Scott abstained from the vote as she was not present at the December 21, 1981 meeting. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session at this evening's meeting. He inquired of the audience if there was anyone present who wished to use the Open Forum session, there being none, he proceeded with the regular agenda items. ADJOURN 1981 COUNCIL Mayor Nyquist thanked Councilmember Kuefler and Councilmember Fignar for their service to the community over the past nine years and expressed the thought that their vast amount of experience on the Council will be missed. Councilmember Kuefler thanked the citizens of Brooklyn Center for electing him to three terms in office and noted that he would do it all over again and recommends it very highly. He stated that he has enjoyed working, over the past nine years, with the City's Park & Recreation Commission and that he is proud of the work they did and of the contribution they made to the improvement of City parks. He stated that another issue he considered noteworthy was the utilization of economy cars for the Police Department and City staff in 1974. He s tated that Brooklyn Center was one of the first cities to use economy cars in this fashion and that they were a leader in this area. He also noted that he believes the CEAP organization will prove to be even more 1 -11 -82 -1- c important in the delivery of services in the future with its great use of volunteers. He stated the City was fortunate to have Madeleine Roche serve as the Executive Director of CEAP and noted that a person of such great compassion does not come along too often. • Councilmember Kuefler also stated that he believes progress has been made in the area of Department head salaries and that he would encourage the City Council to continue the work in this area to allow the City to continue to attract top quality people to Department head positions, noting that the goal would be fairness for the Department head and also for the taxpayers. Councilmember Kuefler also stated that he believes progress has been made in x the area of Department head salaries and that he would encourage the City Council to continue the work in this area to allow the City to continue to attract top quality people to Department head positions, noting that the goal would be fairness for the Department head and also for the taxpayers. Councilmember Kuefler stated that he felt positive about the growth and development of the Association of Metropolitan Municipalities and that he believed this is a very important organization to continue. He also stated he is pleased with the commercial development in the City and believes the Council has been able to work with Developers for positive development. t In conclusion, Councilmember Kuefler stated that he would like to thank the City Manager and City staff noting that he believes the City has an excellent staff. He also thanked the members of the City Advisory Commissions stating that their involvement has been very good and is important to the City. He also thanked past Mayor Cohen and Mayor Nyquist and finally thanked his wife. He added that he would like to offer best wishes to the new City Councilmen. Members of the City Council and staff and members of the audience proceeded to give a standing ovation to Councilmember Tony Kuefler. Mayor Nyquist recognized Councilmember Fignar who proceeded to recount the story of how the Director of Finance, shortly after he was elected as a Councilman, explained the City's pension plan to him. He pointed out that the Director of Finance explained to him that in order to receive a pension he would have to serve on the Council for ten years. He noted that he will be retiring from the Council with only 'nine years of service and would not be eligible for pension and jokingly pointed out that serving on the Council to receive a pension was not a very good reason to serve. He noted that he was elected in 1972 and at that time the population of Brooklyn Center was 36,000, and that today the population is somewhat over 31,000. He noted the growth in City employees from 112 in 1972 to 129 today and that he believes the service to the residents of Brooklyn Center has increased accordingly over those years. Councilmember Fignar stated that he was fortunate to have input into the origins of the Housing Commission, noting that he worked on the creation, of the City's first Housing Commission. He stated the Commission has accomplished some good work over the years and has developed a good housing maintenance ordinance. He noted that he believes the Industrial Revenue Bond Program was important to the development of the City. He also observed that, although CEAP has had its ups and downs over the years, and has moved from an old to a new building, he believes it is an important organization to the City. He also stated he believed it was important to _keep the County library site in Brooklyn Center and that the highway development now occurring in the City will be a great benefit to the City when it is completed. He noted that he was also proud to have been a part of the formation of the City's industrial Parka 1 -17 -82 Councilmember Fignar expressed thanks to the City staff and City Council and wished the best of luck to Rich Theis and Bill Hawes and noted that his wife, two daughters, and son -in -law were present this evening in the audience. He stated it was his pleasure to serve the City of Brooklyn Center for the past nine years and that he hopes he has left it a better place to live. The City Council, City staff, and members of the audience in attendance proceeded to give Councilmember Fignar a standing ovation. Mayor Nyquist recognized Councilmember Lhotka who stated that he had learned a lot from Bill and Tony over the past years even though they have not always agreed on issues. He also wished them the best of luck in the future. Councilmember Scott thanked Bill and Tony and commended the leadership they provided to both the City and other members of the Council for many years. Mayor Nyquist thanked both Councilmember Kuefler and Fignar and noted that he believed they contributed greatly to what he considered an excellent City Council. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to adjourn the 1981 City Council. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council.adjourned at 7:28 p.m. ADMINISTER OATH OF OFFICE The City Manager administered the Oath of Office to Mayor Dean Nyquist. The City Manager administered the Oath of Office to Councilman elect Bill Hawes and Councilman elect Rich Theis. Councilmen Hawes and Theis then proceeded to take their seats at the Council table. CALL TO ORDER 1982 CITY COUNCIZ The 1982 City Council was called to order by Mayor Dean Nyquist at 7 :31 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. EMPLOYEE SERVICE RECOGNITION PROGRAM The City Manager pointed out that tonight is the third annual presentation by the City Council of service awards to City employees to recognize years of service by those employees to the City. Recognition, he pointed out, is to be given tonight to those employees who during 1981, observe the anniversary of either 20 or 25 years of permanent full -time employment with the City. He noted the awards are part of a service recognition program approved by the City Council in 1979 and that Richard J. Schwab, Street & Parks Supervisor and Glenn W. Leiter, Public Utilities Maintenance Worker, will be recognized this evening for 20 years service to the City. 1 -11 -82 -3- Mayor Nyquist proceeded to present the service awards to Mr. Schwab and Mr. Leiter and expressed his thanks on behalf of the City Council for their years of service to the City. The City Council, City staff, and persons present in the audience proceeded to give Mr. Schwab and Mr. Leiter a standing ovation. Mayor Nyquist recognized Councilmember Lhotka who stated that he would like to welcome Councilmembers Theis and Hawes to the Council and pointed out _that during the next several months many special interest groups will be 'making requests of the City Council and that he felt both Councilmember Theis and Councilmember Hawes should take into consideration the wants and desires of the entire community before any decision is made regarding the requests of special groups. He congratulated Councilmember Hawes and Councilmember Theis and welcomed them to the Council. SELECTION OF MAYOR PRO TEM There was a motion by Councilmember Hawes and seconded by Councilmember Theis to reappoint Councilmember Scott as Mayor Pro tem. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION OF CONSENT AGENDA Mayor Nyquist inquired whether there were any items on the consent agenda that Councilmembers would request be removed from the consent agenda. Councilmember Theis stated he would request that the Resolution Authorizing Execution Of An Agreement For Implementation Of 911 Emergency Number Services be removed from the consent agenda and Mayor Nyquist requested that the Resolution Designating Summit State Bank A Depository Of City Funds be removed from the consent agenda. DESIGNATING OFFICIAL NEWSPAPER There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to designate the Brooklyn Center Post as the official newspaper of the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. FINAL PLAT APPROVAL - B & C ADDITION (PLANNING COMMISSION APPLICATION NO. 81056) There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the final plat of the B & C Addition (Planning Commission Application No. 81056) subject to the following conditions: 1. The owner shall submit an abstract of title or registered property report to the City Attorney for review and approval prior to filing at the County. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. No building permit for the proposed Lot 2 shall be issued until the plat has been filed by the County. Voting in favor Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PERFORMANCE BOND REDUCTION - EARLE BROWN FARM ESTATES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to 1 -11 -82 -4- apply the existing $60,000 performance guarantee held for Plats I and II of the Earle Brown Farm Estates to Plat III, the bonding requirement for which is $35,000 upon execution of a performance agreement pertaining to same and submission of a rider from the Bonding Company acknowledging that the bond now covers Plat III. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 82 -0 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE CAMDEN NORTHWESTERN STATE BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -0 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIDELITY BANK AND TRUST COMPANY A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof : - Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -0 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIRST BROOKDALE STATE BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -0 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIRST NATIONAL BANK OF MINNEAPOLIS A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1 -11 -82 -5- RESOLUTION NO. 82 -05 Member Celia Scott introduced the following resolution and moved its adoption. f RESOLUTION DESIGNATING THE FIRST PLYMOUTH NATIONAL BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -06 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE HENNEPIN FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -07 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIRST FEDERAL SAVINGS & LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -08 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE MARQUETTE NATIONAL BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -09 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by • member Gene Lhotka, and upon vote being taken thereon, the following voted in r 1 -11 -82 -6- l favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -10 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -11 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING MAYOR NYQUIST'S 1982 SALARY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. { • RESOLUTION NO. 82 -12 Member Celia Scott introduced the following resolution and moved its adoption: ; A RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. TONY KUEFLER The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in i favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -13 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. BILL FIGNAR The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1 -11 -82 -7- F RESOLUTION NO. 82 -14 Member Celia Scott introduced the following resolution and moved its adoption: • ' RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. JERRY JOHNSON a . The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -15 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DOROTHY BUCKINGHAM The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -16 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY • ADJUSTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CONSIDERATION OF SPECIFIED LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the,on -sale intoxicating liquor license for the Holiday Inn, 1501 Freeway Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the on -sale intoxicating liquor club license for the American Legion Hall. _ Voting Councilmembers Lhotka Scott Hawes, and Theis. ing in favor: Mayor Nyquist, Councilme rs , , Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the non- intoxicating malt liquor license at Pizza °Feat, 6816 Humboldt Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes and Theis. Voting o ing against. none. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: 1 -11 -82 -8- CIGARETTE LICENSE Brooks Superette 6800 Humboldt Ave. N. Consumer Vending . 2727 26th Ave. S. Bridgeman's 6201 Brooklyn Blvd. Dahlco Music & Vending Co. 119 State St. Ground Round Restaurant 2545 County Rd. 10 Inter City Oil 3600 63rd Ave. N. t Interstate United Corp. 1091 Pierce Butler Rt. State Farm Insurance 5840 Shingle Cr. Pkwy. S K -Mart 5930 Earle Brown Dr. The Pipeseller 1301 Brookdale Ctr. Pyramid Petroleum Corp. 2605 County Rd. 10 Servomation 7490 Central Ave. N.E. Dayton's Brookdale Shopping Ctr. Donaldson's Brookdale Shopping Ctr. Earle Brown Office Bldg. 6040 Earle Brown Dr. Graco 6820 Shingle Cr. Pkwy. Snyder Brothers Drug Brookdale Shopping Ctr. SuperAmerica Stations, Inc. 6545 W. River Road SuperAmerica Stations, Inc. 1901 57th Ave. N. COMMERCIAL KENNEL LICENSE F. W. Woolworth Company Brookdale Shopping Ctr. FOOD ESTABLISHMENT LICENSE Pizza Feat 6816 Humboldt Ave. N. GAMBLING LICENSE Orchard Lane School PTA 3907 63rd Ave. N. GASOLINE SERVICE STATION LICENSE Brookdale Car Wash 5500 Brooklyn Blvd. Federal Lumber 4810 N. Lilac Dr. Green Meadows 3319 49th Ave. N. Humboldt Avenue Service 6840 Humboldt Ave. N. Inter City Oil 3600 63rd Ave. N. Northwestern Bell 6540 Shingle Cr. Pkwy. Plum Company 6840 Shingle Cr. Pkwy. Pyramid Petroleum Corp. 2605 County Rd. 10 SuperAmerica Service Stations 6545 W. River Road SuperAmerica Service Stations 1901 57th Ave. N. Bill West Service Center 2000 57th Ave. N. MECHANICAL SYSTEM'S LICENSE D & D Anderson Heating R.R. #4 Box 254 Raab Heating & Air Conditioning 1516 S. W. Ave. OFF -SALE NONINTOXICATING LIQUOR LICENSE Brooks Superette 6804 Humboldt Ave. N. 1 -11 -82 -9- ON -SALE CLUB LIQUOR LICENSE Brooklyn Center Am. Legion Post #639 430770th Ave. N. • ON -SALE INTOXICATING LIQUOR LICENSE Holiday Inn 1501 Freeway Blvd. ON -SALE NONINTOXICATING LIQUOR LICENSE Pizza Feat 6816 Humboldt Ave. N. ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE Holiday Inn 1501 Freeway Blvd. SIGN HANGER'S LICENSE Scenic Sign Company Box 881 Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS Mayor Nyquist noted that there were a number of appointments and reappointments to City Advisory Commissions to be made this evening and that he had submitted his appointments to the Advisory Commissions to the City Manager and to the members of the City Council for their review. MAYORAL APPOINTMENTS TO THE PLANNING COMMISSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to confirm Mayor Nyquist's appointment of Carl Sandstrom, 361253rd Place North, Brooklyn Center and Richard Hager, 3012 Nash Road, Brooklyn Center, to the Planning Commission, each for a two year term effective January 1, 1982 to expire December 31, 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO THE CONSERVATION COMMISSION There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to confirm Mayor Nyquist's reappointment of William Price. and Barbara Jensen to the Conservation Commission, each for a three year term effective January 1, 1982 to expire December 31, 1984. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Cbuncilmember Lhotka and seconded by Councilmember Hawes to confirm Mayor Nyquist's appointment of Mr. Everett Carlson to the Conservation Commission to fill the vacancy left by Bernie Wesloh, for a three year term effective January 1, 1982 to expire December 31, 1984. Voting in favor: Mayor 'Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to reappoint Mr. Fred Albright as Chairman of the Conservation Commission. Voting in 3 s 1 -11 -82 -10- favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO THE HOUSING COMMISSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to confirm Mayor Nyquist's reappointment of Mr. Phil Cohen, Mr. Cliff Williams, and Rev. Robert Cilke to the Housing Commission each for a three year term effective January 1, 1982 to expire December 31, 1984. Voting in favor Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to reappoint Ms. Phyllis Plummer as Chairman of the Housing Commission. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to confirm Mayor Nyquist's reappointment of Ms. Diane Lemke and Mr. Tom Yencho to the Human Rights Commission each for a three year term effective January 1, 1982 to expire December 31, 1984. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, .Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to confirm Mayor Nyquist's appointment of Mrs. Mary Ellen Rabine to the Human Rights Commission to fill the vacant position left by the resignation of Rev. C. Roger Stacy and to complete his unexpired term through December 31, 1982. Voting in favor Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to confirm Mayor Nyquist's reappointment of Ms. Jayne Kuhar as Chairman of the Human Rights Commission. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO THE PARK & RECREATION COMMISSION There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to confirm Mayor Nyquist's reappointment of Ms. Jacqueline Albright to the Park & Recreation Commission for three year term effective January 1, 1982 to expire December 31, 1984. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Scott to confirm Mayor Nyquist's reappointment of Mr. Bud Sorenson to the Park & Recreation Commission and to confirm Mayor Nyquist's appointment of Mr. Sorenson as Chairman of the Commission for a three year term effective January 1, 1982 to expire December 31, 1984. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:- none. The motion passed unanimously. MAYORAL APPOINTMENTS TO PLANNING COMMISSION There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to k f S 1 -11 -82 _11. S 3 confirm Mayor Nyquist's reappointment of Ms. Molly Malecki and Ms. Nancy Manson to the Planning Commission each for a two year term effective January 1, 1982 to expire December 31, 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to y confirm Mayor Nyquist's appointment of Ms. Ember ° Reichgott to the Northwest Hennepin Human Services Council for a two year term to replace Dorothy Buckingham who resigned from the Commission on December 31, 1981. Ms. Reichgott's term will become effective January 1, 1982 to expire December 31, 1983. Voting in favor: Mayor Nyquist, Council- members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Lhotka noted that Ms. Reichgott has served as a member of the Brooklyn Center Human Rights Commission for several years and he praised her ability and enthusiasm demonstrated on the Human Rights Commission and stated that he believes she would be an excellent member of the Human Services Council. MAYORAL APPOINTMENT OF WEED INSPECTOR There was a motion by Councilmember Scott and seconded by Councilmember Theis to confirm Mayor Nyquist's reappointment of Mr. .Brad Hoffman as the City's Weed Inspector. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) In discussion of the Resolution Designating Summit State Bank A Depository Of City Funds, Mayor Nyquist stated that he suggested pulling this item off the consent agenda because of the recent problems experienced at the Bank. He stated he is not comfortable with maintaining the Bank as a Depository of City funds. The Director of Finance noted that the City does have an existing investment in the Bank and that the investment is 110% collateralized. The City Manager explained that the Council could designate the Bank as a Depository for the term of the current investment. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to continue to use Summit State Bank as a Depository of City funds until the expiration of the current investment period which has been set at April 20, 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. In discussion of the Resolution Authorizing Execution Of An Agreement For Implementation Of 911 Emergency Number Services, the City Manager stated that the agreement is between the City and Northwestern Bell to implement the 911 service. He reviewed the 911 service noting that the screens in the dispatch room will automatically show an address and phone number from the point of origin of the call made on the 911 system. He added that the 911 emergency number system is a State mandated program. Councilmember Theis inquired whether the contract was with the parent company or with the local Northwestern Bell Company. The City Manager stated the contract is with the local company. Councilmember Theis then asked whether the charges for the 911 system would increase in accordance with the increases in residential phone bills. The City'Manager stated it would be likely that the costs would rise over time as . 1 -11 -82 • -12- with residential phone bills but that the program is mandated by the State. • RESOLUTION NO. 82 -17 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR IMPLEMENTATION OF 911 EMERGENCY NUMBER SERVICE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Designating the Representative And Alternate Representative To The Association Of Metropolitan Municipalities and pointed out, he is serving as the Alternate Representative and that Councilmember Kuefler has been serving as the City's Representative. There was a general concurrence among Council members to reappoint the City Manager as the Alternate Representative and to appoint Councilmember Scott as the Representative to the Association df Metropolitan Municipalities. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to appoint Councilmember Scott as the City's Representative and City Manager Gerald Splinter, as the Alternate Representative to the Association of Metropolitan Municipalities. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -18 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Designating The Director And Alternate Director To The Suburban Rate Authority and pointed out, he is serving as the Alternate Director and Councilmember Lhotka is the Director to the Suburban Rate Authority. There was a concurrence among Council members to reappoint Councilmember Lhotka as Director and the.City Manager as Alternate Director to the Suburban Rate Authority. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to reappoint Councilmember Lhotka as Director and City Manager Gerald Splinter as Alternate Director to the Suburban Rate Authority. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 1 -11 -82 -13- RESOLUTION NO. 82 -19 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thero -n, the following voted- in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -20 Member Celia Scott introduced the following resolution and moved its adoption: PROVIDING FOR THE ISSUANCE AND SALE OF COMMERCIAL DEVELOPMENT REVENUE BONDS PURSUANT TO CHAPTER 474, MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED TO BROOKDALE OFFICE PARTNERSHIP FOR COMMERCIAL DEVELOPMENT PROJECT { The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Celia Scott, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. In discussion of the Resolution Establishing Project, Accepting Engineer's Report, f and Calling for Hearing on Improvement Project 1982 -02 (Reconstruction of Xerxes r Avenue North between Trunk Highway 100 and County State Aid Highway 10, 55th Avenue North between Xerxes Avenue North and Brooklyn Boulevard, and 56th Avenue North between Xerxes Avenue North and Brooklyn Boulevard), the Assistant City Engineer reviewed the project location and the work proposed by the project. a Councilmember Lhotka inquired whether any businesses in the project area objected to the project. The Assistant City Engineer stated that at informational meetings held by City staff, the businesses in the area agreed that the roadway repairs were needed but that in 1981 they requested the project laid over. He emphasized that there were no objections to the specific roadway improvement but only to the timing of the project. The City Manager pointed out that the main concern was over the staging of the project and that the staff is prepared to work with businesses in the area on the staging. Councilmember Scott stated that her major concern is that proper notice is given to motorists regarding the construction project when it is , undertaken. RESOLUTION NO. 82 -21 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING XERXES AVENUE, 55TH AVENUE, 56TH AVENUE, STREET RECONSTRUCTION PROJECT 1982 -02, ACCEPTING CITY ENGINEER'S REPORT, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, AND PROVIDING FOR PUBLIC HEARING ON PROPOSED IMPROVEMENT PROJECT NO. 1982 -02 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted <s _ 1 -11 -82 -14- in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution • was declared duly passed and adopted. RESOLUTION NO. 82 -22 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR FOUR (4) COMPACT POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Bids for 1500 GPM Fire Pumper. He explained that the bid specifications prepared by the City allowed for "house cars ", those which are prebuilt and therefore can be obtained at a lower price. He explained that the Alternative Number One Bid submitted by American LaFrance has met the City's specifications except that it has a smaller diesel engine than which was originally called for in the specs. He stated that the Alternative Number One Bid submitted by American LaFrance does meet the fire fighting require- ments of the Fire Department. He noted that another consideration in the bid was the time of delivery that being 60 to 80 days for the American LaFrance bid whereas, equipment which was not prebuilt would require significantly longer periods for delivery. He pointed out the short delivery time of the American LaFrance truck is an important consideration. • RESOLUTION NO. 82 -23 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR 1500 GPM FIRE PUMPER The motion for the adoption of the foreqoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -24 Member Celia Scott introduced the following resolution and moved its adoption: i RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 89 AND THE CITY OF BROOKLYN CENTER j The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. t 1 i 1 -11 -82 -15 ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES INSTITUTING FLOOD PLAIN MANAGEMENT REGULATIONS s" The City Manager reviewed the Flood Plain Management Ordinance for Council members. i The Director of Planning & Inspection stated that the Flood Plain Management Ordinance is recommended to be adopted as part of the City's Zoning Ordinance and would essentially be an overlay ordinance over the existing zoning ordinance. He pointed out the ordinance designates the Flood Plain in the City and regulates activities w regulations `m osed hick may be conducted m the Flood Plain. He pointed out that the imposed are related to flood insurance eligibility for City residents and are mandated by the federal agency regulating the flood insurance program which is the Federal Insurance Administration The Director of Planning & Inspection proceeded-to review the designated floodway area, flood fringe area, and flood plain area and reviewed activities and structures which are permitted in each of the areas. He explained that the flood insurance data has been incorporated into the ordinance proposed for adoption this evening. He added that the City is under deadline by the federal government to adopt the ordinance by the middle of February of this year to continue the flood insurance program. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading an Ordinance Amending Chapter 35 Of The City Ordinances Instituting Flood Plain Management Regulations. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS The City Council recessed at 8:30 p.m. and reconvened at 9 :02 p.m. ORDINANCES (CONTINUED AN ORDINANCE AMENDING CHAPTERS 34 AND 35 REGARDING PROVISIONS FOR HOME OCCUPATIONS The Director of Planning & Inspection reviewed the proposed ordinance and noted that it was previously tabled by the City Council. He stated that the ordinance repeals t d Sections he definitions for home occupation and special home occupation and that Sec i P P P 35 -405 and 406 have been added. He stated that the change in this ordinance from the ordinance which was tabled by the City Council previously is in the area of parking. He referred Council members to Section 35 -406, paragraph 7, which stated that "no automobile parking related to the special home occupation shall be permitted on the street provided,'however, that upon a finding that the special home occupation is not feasible without on- street parking, the City Council may authorize parking on the street based upon a consideration of Section 35 -220.2 and of the following: a. The amount of the applicant's street frontage. b. The rights of adjacent residents to park on the street. c. Preservation o the residential the neighborhood". f e esiden ial character of • 1 -11 -82 . -16- . . Councilmember Lhotka inquired whether there would be any conflicts with those have on- street parking individuals permitted to P g and those who are not with regard to home occupations. He added that this appears to be a double standard. The City Attorney stated that the home occupations, both special and permitted have always been separate in the ordinance. He stated he does not believe it represents a legal problem since there is a rational basis for each category of home occupation. In response to another question by Councilmember Lhotka, the City Attorney stated that the ordinance amendment language does not include reference to the automobiles } of the occupants of the dwelling used.for the home occupation. He stated that the ordinance does not prohibit parking of the occupant's cars on the street. Councilmember Lhotka commented that if an individual is requesting a home occupation that requires on- street parking perhaps it should not be classified as a home j occupation. The Director of Planning & Inspection stated that the definition of the home occupation is that it is incidental to the residential nature and use of the residence along with other requirements such as parking and incidental items. The City Attorney stated that if the City Council feels that on- street commercial parking is incompatible with the residential nature of a neighborhood then that provision should be taken out of the ordinance. Councilmember Hawes stated that he recalls the Planning Commission Application submitted by Ms. LaVonne Mahko wski for a ceramic class where a special situation existed. He stated that this ordinance amendment seems to address that situation where a special situation exists and that it appears to work out the problem very well. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading an Ordinance Amending Chapters 34 and 35 Regarding The Provisions For Home Occupations. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AN ORDINANCE VACATING THE ALLEY IN BLOCK 1, NE PERKINS ADDITION (BETWEEN DUPONT AVENUE NORTH AND EMERSON AVENUE NORTH, 54TH "TO 55TH AVENUES NORTH) The City.Manager pointed out that the petition to vacate the alley had been made by the abutting property owners. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading an Ordinance Vacating The Alley In Block 1, NE Perkins Addition (Between Dupont Avenue North and Emerson Avenue North, from 54th to 55th Avenues North). Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DECLARATION OF SURPLUS PROPERTY There was a motion by Councilmember Scott and seconded by Councilmember Hawes to declare as surplus City property the Northwest Reporters series 1 and 2 and to authorize their sale. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS UPDATE ON STATE MUNICIPAL AIDS STATUS The City Manager reviewed the information bulletin regarding state and local financial 1 -11 -82 -17- crisis prepared by the League of Minnesota Cities. He stated that the legislature still has not come to an agreement to resolve the fiscal problems. He inquired whether the Council had any input regarding possible cutbacks or potential cuts in the City budget which may be necessitated by the cuts in state aids. He noted that the City is taking the long range approach with regard to any potential cuts and is not considering cuts as a short term remedy. Mayor Nyquist stated that he agrees with the staff's approach and believes that a long range approach to the fiscal problems is good. The City Manager stated that the staff will keep the Council informed as things r-rogress with the regard to the fiscal problems. GAMBLING LICENSES ORCHARD LANE ELEMENTARY SCHOOL PARENT- TEACHER ASSOCIATION REQUEST FOR CLASS A GAMBLING LICENSE There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the class A gambling license for the Orchard Lane elementary school Parent- Teacher Association. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the waiver of a- $10,000 fidelity bond for the Orchard Lane elementary school Parent- Teacher Association. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS Mayor Nyquist noted that he is designating Councilmember Bill Hawes as the Council liaison to the Park &Recreation Commission and Councilmember Rich Theis as the liaison to the Housing Commission. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:47 p.m. Clerk Mayor 1 -11 -82 -18- �Q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PCCEPTIIU BID AND APPRCVIW, CONTRACT FORM (WELL NO. 6 RECONDITIONING PROJECT 1982- 01)(CONTRACT 1982 -A) WFS, pursuant to an advertisement for bids for Improvement Project No. 1982 -01, bids were received, opened, and tabulated by the City Clerk and City Engineer, on the 21st day of January, 1982. Said bids were as follows: Bidder Bid Amount Layne Minnesota Company $13,763.00 Their well Company Inc. $14,370.00 Bergerson- Caswell, Inc. $14,412.00 E.H. Rennex & Sons, Inc. $16,300.00 WHEREAS, it appears that Layne Minnesota Company of Minneapolis, Minnesota, is the lowest responsible bidder. NOW, SORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brook- lyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract in the amount of $13,763.00 with Layne Minnesota Company of Minneapolis, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1982 -01 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. BE IT FURTHER RESOLVED that: The estimated total cost of Improvement Project No. 1982 -01 is hereby amended from $16,650.00 to $15,276.93. The estimated cost is comprised of the following: As Estimated As Bid Contract $15,000.00 $13,763.00 Engineering 1,350.00 1,238.67 Administrative 150.00 137.63 Legal and Bonding 150.00 137.63 Total Estimated Cost $16,650.00 $15,276.93 9b Member introduced the following reso- lution and moved its adoption: RESOIDTION NO. RESOIUTION ESTABLISHING DESEASED SHADE TREE REMWAL PRWMT NO. 1982 -04, APPRWING SPECIFICATIONS FOR DESEASED SHADE 'TREE REMWAL PROJECT NO. 1982 -04 AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1982 -C) WEREAS, the City Council deems it necessary to initiate Diseased Shade Tree Removal Project No. 1982 -04. BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. Diseased Shade Tree Removal is hereby established as { Project No. 1982 -04. 2. 'Ihe specifications for Diseased Shade Tree Removal Project No. 1982 -04 are hereby approved and ordered 1 filed with the Clerk. 3. The Clerk shall advertise for bids for such improvement s by publication at least once in the official newspaper and in the Construction Bulletin, the date of first publication not lesa than ten (10) days prior to the a date of receipt of bids. Said notice shall state that no bids will be considered unless sealed and filed and accompanied by a cash deposit, bid bond, cashier's check, or certified check payable to the City Clerk in the amount of not less than two thousand dollars ($2,000.00). 4. Bid date is set for ahursday, February 18, 1982, at 11:00 a.m., standard time. 5. 'Ihe City Manager and the Director of Parks and Recreation shall be authorized to open and tabulate the bids. Date Mayor �. ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted aqainst the same: whereupon said resolution was declardd duly passed and adopted. t� RESOITJTION NO 1... Date Mayor A=T: Clerk t The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: r 4 E and the following voted against the same: whereupon said resolution was declared duly passed and adopted. t f e C i k i S j Y p i i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CLASSIFICATION LIST OF NONCONSERVATION LAND IN HENNEPIN COUNTY WHEREAS, the City Council of the City of Brooklyn Center has received from the County of Hennepin, a list of lands in Brooklyn Center which became the property of the State of Minnesota, for nonpayment of real estate taxes, which said list includes the following P.I.D. - Numbers and Legal Description: 1. P.I.D. No. 01- 118- 21- 34- 0123,Lot 9 Block 3 Bellvue Acres' the S 1/2 of the E 50 ft of the W 150 ft of Lot 9 Blk 3 Bellvue Acres 2. P.I.D. No. 28- 119 -21 -41 -0114, Lot 1 Block 24 Creek Villas WHEREAS, each parcel of land described in said list has heretofore been classified by the Board of Commissioners of Hennepin County, Minnesota, as nonconservation land and the sale thereof has heretofore been authorized by said Board of Commissioners; and WHEREAS, the City Council does not wish to consider a public use of these parcels. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, acting pursuant to Minnesota Statute 282, with reference to the above mentioned parcels, that said classification list by said Board of County Commissioners of the land described in said list as nonconservation land be and the same is hereby approved, and that the sale of said parcels of land be and the same is hereby approved. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4EMO TO: G.G. SPLINTER, CITY MANAGER ?ROM: Gene Hagelf Director, Parks and Recreati0 )ATE: December 15, 1981 SUBJECT: Shade Tree Disease Report The following statistical summary shows "a comparison of Dutch Elm and Oak Wilt activity for the past, yep. 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 Totals " Number of Inspections 34 100 88 184 513 943 783 624 584 635 4488 Number Positive DED 5 6 3`4 47 267 614 712 487 478 583 3233 Number of Positive Oak Wilt 0 0 4 0 0 3 0 0 0 0 7 Others not sampled, 4 ' dead and removed 0 18 158 65 75 52 0 0 0 0 368 TOTAL TREES REMOVED 5 24 196 112 342 669 712 487 478 583 3608 Number brush piles, logs noted and removed. 128 44 58 •. 4 7 277 Number stumps (blvd) noted and removed 102 6 3 112 1 Number stumps (private) noted and debarked or 68 19 13 14 109 removed Number of trees removed by: BLVD. PRIVATE Contractor 119 210 City Crew 69 (Park) Owner 38 148 Number of stumps only removed by: s s Contractor 9 City Crew Owner 0 I CITY OF BROOKLYN CENTER { q 0 Notice is hereby given that a public hearing will be held on the 25th day of January, 1982 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider amendments to the Zoning Ordinance relating to Flood Plain Ordinance regulations. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES INSTITUTING FLOOD PLAIN MANAGEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -111 of the City Ordinances is hereby amended in the following manner: Section 35 -111 NONCONFORMING USES Unless specifically provided otherwise herein, the lawful use of any land or building existing at the time of adoption of this ordinance may be continued even if such use does not conform to the regulations of this ordinance, provided: 1. No such nonconforming use of land shall be enlarged or increased or occupy a greater area of land than that occupied by such use at the time of the adoption of this ordinance. 2. Such nonconforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this ordinance. 3. A nonconforming use of a building existing at the time of adoption of this ordinance may be extended throughout the building p rovi na structural alterations except those required by ordinance, law, or other regulation are made therein, and provided that no such extension in the floodway overlay zone shall result in incre flood da mage p otential. Excepted from the structural alteration limitation are single family dwellings, located in residential districts other than R1 or R2, provided any structural alterations or additions shall conform with the requirements of the Rl or R2 district, and the Flood Plain regulations as applicable. 4. If a nonconforming use occupies a building and ceases for a continuous period'of two years, any subsequent use of said building shall be in conformity to the use regulation specified by this ordinance for the district in which such building is located. 5. Any nonconforming use shall not be continued following [60] 50% destruction of the building in which it was conducted by flood fire, wind, earthquake, or explosion, according to the estimate of the Building Inspector, approved.by the City Council. ORDINANCE NO 6. Upon the effective date of this ordinance, where there is a non - conforming use of land on a parcel with no structure or where there is a nonconforming use of land (such as storage of equip- ment and supplies), on which there is a conforming structure such use shall be terminated within two years following the effective date of this ordinance. [7. The foregoing nonconforming use provisions notwithstanding, the the manufacture of chemical fertilizer within the I -2 zoning district, and upon the site of the Howe, Inc. fertilizer plant located at 4821 Xerxes Avenue North and legally described on Exhibit'A attached hereto and made a part hereof by reference, shall be abated and discontinued on or before November 5, 1982 provided, however, that any such manufacture of chemical fertilizers which constitutes a nuisance under the Common Law, under Minnesota Statutes 561.01, or under Section 19.101 of Brooklyn Center Ordinances shall be immediately abated and discontinued.] I Section 2. Section 35 -900 of the City rdinances shall be amended b the Y Y addition of the following: Equa D egree of Encroachment - A method of determining the location of f loodway bound aries so that flood plain lands on both si es o a stream a re capable of conveying a proportionate share of flood flows. Flood - A temporary increase in the flow or stag of a stream or in the stage of a lake that results in the inundation of normally dry areas. Flood Fr The average frequency, statistically determined, for - which it is expected that a specific flood stage or discharge may be e ualled or exceeded Flood Fringe - _That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term " floodway fring` usedin t>le Flood nsurance Study for the City of Brooklyn Center Flood Plain The areas adjoining a watercou which have been or here- after may be covered by the regiona oo . Flood- P - A combination of structural provisions, changes, or adjustments to J properties an structures subject to flooding, primarily for the reduction or elimination s — flood damages. Floodway - The channel of the watercourse and those portions of the adjoining o_ pain whic are reasonably required to carry and dis- charge the regional oo Obstruction - Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projections, excavation, channel modi fication, cu vert, Building, wire, tenc6, stockpile, re use, 1 , structure, or matter in, along, across, or projecting into any cannel, wa tercourse, or regulatory flood plain w is may imps e, retard, o chan the direction of flow of water, either in itself or b y catching or collecting debris carried by such w 4 r s. ORDINANCE -NO. Reac A hydra engineering term used to describe a longitudina segment of a stream or river influenced by a natu or man -made obstruction. In an urban area, the segment of a stream or river betw two consecutive bridge crossings would most typically constitute a reach. Regional Flood - A flood which is representative o large floods known to have occurred generally in Minnesota and reasonably characterist of what can be expected to occur on an average fr in the magnitud of the 100 -year recurrent interval. Regional flood is synonymous with the term "base flood" used in the Flood Insuran Study. Structure - Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, mobile homes, and other similar items. Section 3. Section 35 -1040 of the City Ordinances is hereby amended in the following manner: Section 35 -1040. PENALTIES. [Whoever does any act or omits to do any act which constitutes a breach of any section of this Chapter shall, upon conviction s thereof by lawful authority, be punished by a fine not to exceed three hundred ($300)and by imprisonment not to exceed ninety (90) days.] Violation of the provisions of this Ordinance or failure to comply with any of its requirements (in cludin .violations ofconditions and safeguards established in connection with grants of Variances or Special Use Permits ) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of i requirements shall, upon c onviction thereof lawful authority, f b a nit be fined not more than five hundred dollars l Y , 500 or imprisoned for not mor tha ni 90 days, o r both, and in a ddition, shall pay all costs and expenses of prose cution. Each day sued =y�Tn continues shall be consid a separate offense. Nothing herein contained shall pre vent the City of Brooklyn Center from taking such other lawful action as is necessary to prevent or reme y any violation. No provision of this Chapter designating the duties of any official or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in this section for failure to perform such duty, P Y , unless the in- P Y P tenti n f it Council t impose such t on such employee is official or em to 0 o the C Cou t o m h P Y Y p penalty specifically and clearly expressed in the section creating the duty. Section 4. Chapter 35 of the City Ordinances is hereby amended by the addition of the following: Section 35- 2000. OVERLAY DISTRICTS. In addition to the land use districts listed in Section 35 -300 of thi Ordinance, the following Overlay D istricts are hereby established: 1. Flood Plain District 2. Critical Area District 3. Historical Preservation District ORDINANCE. NO. Any_ land which is cl _assi.fied_by- this_Qrdi.n. ,1r)Q d _be�g_i hi oyes. lay district shall be subject t the r�ula land use activities witnin such a district in addition to the us regulations est in Sections 35 -300 through 35 -331 of this Ordinance, and to any other regula as applicable Section 35 -2100. FLOOD PLAIN MANAGEMENT Section 35- 2110 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1. Statutory Authorization The Legislature of the State of Minnesota has, in Minnesota Statutes Ch apter 0 an Chapter 368.0 , delegated the'respons�b� ity to ocal governmen a units to - - adopt regu at�ons es�gne to minimize oa osses, ere ore, the City Council ot the City OT broOKlyll Center, M innesota does ordain as o ows: 2. Findings of Fact a. The flood hazard areas of the City of Brooklyn Center,-Minnesota, are ss u jec to per o c i nun anon w i c res u is i n potenti a oss of e, loss of property, health and safety hazards, is- ruption of commerce and governmental services, extraordinary public expenditures for oo protection an re ief, and impair - ment of e tax base, all of whic a verse y affect the public h ea l th, safety, and generaT b. Methods of Use to Analyze Flood Hazards. This ordinance is _ b ased upon a reasona e met o o anal yzing oo azar s w ich is nsistent wit the Stan ar s esta is e y t e Minnesota co D epartment of atura Resources. 3. Statement of Purpose It is the purpose of this ordinance to promote the public health, sa e y, an — general welfare E1113 to minimize t ose losses described in Section - a by provisions containe erein_ Section 35 -2120. GENERAL PROVISIONS 1. Lands to Which Ordinance Applies This ordinance shall apply to all lands within the jurisdiction of e C i t y o f B roo yn enters own on t e Official om ng ap as ei n l ocated within the boundaries of the oo way, 1­166d Frimic, or Z - e — ne - r — aT Flood Plain Districts. 2. Establishment of Official Zoning Map The Official Zoning Map together with all materials attached thereto is hereBy a opte y reference and declared to be a part of this ordinance. The attache J materia sha inclu e the Flood Insurance S tu d y or the City of Brooklyn Center prepared by the Federal nsurance Ad ministration dated August 17, 1981, and the Flood oundary and Floodway Maps and Flood Insurance Rate Maps therein. fo 0fl i c'; a I Z oning Map shall be on i e in the ffi ce of the City FManager and the Planning Department. --,,-,ORDINANCE NO. 3. Regulatory Flood Protection Elevation • The Regulatory Flood Protection Elevation shal be an elevation no lower than one foot above the elevation o the regional flood pus a ny increases in flood elevation caused by encroachments on t e flood plain that result from designation of a floodway. 4. In terpretation a. In their interpretation and application, the provisions of th ordinance shall be held to be minimum requirements and shall be liberally con strued in favor of -the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. b. The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where.interpreta - tion is needed as to the exact location of the boundaries of the_ district as shown on the Official Zoning Map, as for exampl where there appears to be a conflict between a mapped boundary and actual field conditions, the Board of Adjustment shall make t he necessary interpretation based on elevations on the regional X100 -year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence. 5. Abrogation and Greater Restrictions Y Y It is not intended by this ordinance to repeal, abrogate, or impair any existing easements,: covenants, or deed restrictions. However, where this ordinanc imposes gr=eater restrictions, the provisions of this ordinance shal prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 6. Warning and Disclaimer of Liability This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Brooklyn Center or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made I t ereunder. Section 35 -2130. ESTABLISHMENT F DISTRICTS L 0 ZONING DI ST IC S The flood plain areas within the jurisdiction of this ordinance are hereby divided into two Districts: Floodway District (FW) and Flo Fringe District FF . 1 Floodway District (FW) • The Floodway District shall include those areas designated as floodway in the Flood Insurance Study. ORDINANCE NO. 2. Flood Fringe District (FF) The Flood Fringe Di strict shall include those areas designated as floocjwa Insurance Study. The boundaries of these districts shall be shown on the Official Zoning Map for the City of Brooklyn Center. Within these dis- tricts all uses not allowed as Permitted Uses or permissible as Special Uses shall be prohibited. _ r r _ Section 35 -2140. FLOODWAY DISTRICT (FW 1. Permitted Uses 1 The following uses have a low flood damage potential and do no I obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage o materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other cTrai page facility or system. a. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. b. Industrial - Commercial uses such as loading areas, parking areas, i and airport landing strips. • c. Private and public recreational uses such as golf courses, i tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. d. Residential uses such as lawns, gardens, parking areas, and play areas. 2. Special Uses The following op en space uses require accessory structures (temporary or permanent), or fill or storage of materials or equipment. These uses may be permitted in the floodway district only after the issuance of a Special Use Permit as provided in Section '35 -2184 of this ordi- nance. These uses are also subject to the provisions of Section 35 2140:3 which applies to all floodwa Special Uses. PP Y p a. Structures accessory to open space uses b. Placement of fill. c. Extraction of sand, gravel, and other materials. • d. Marinas, boat rentals, docks, piers, wharves and water control structures. e. Railroa streets, bridges, utility transmission lines, and pipe I ones. ORDINANCE N0. f. Storage yards for equipment, machiner , or materials. g. Other uses similar in nature to uses descr in Sections 35- 2140:1 and 2 which are consistent with the provisions set out in Sections 35- 2110:3 and 35 -2140 of this Ordinance. i 3. Standards for Floodway Special Uses a. All Uses. No structure (temporary or permanent), fill (includin fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Special Use which, acting alone or in combination with existing or reason ably anticipated future uses, adversely affects the capacity of the floodway or incre ases flood heights. In addition, all flood- Y P J R way Special Uses shall be subject to the standards contained in Section 35- 2184.4 and the following standards subsections b 3 through e b. Fill i 6 L1) An fill deposited i n the floodway shall be not more than th minimum amount necessa to conduct a Special Use listed in Section 35- 2140 :12. Generally, fill shall be limited to that ne to grade or landscape for that use and shall not in any wa obstruct the flow of flood waters. Spoil from dredging or sand and gravel operations shall not be deposited in the fl oodway unless it can be done in accordance with 1 of this Section. (3) Fill shall be protected from erosion by vegetative cover. I c. Accessory Structures (temporary or permanent) permitted as Special Uses by Section 35- 2140:2a. Accessory structures shall not be designed for human E habitation. { Accesso structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, So far as practicable, structures shall be placed approximately on the same flood flow lines as those o adjoining structures. ; (3) Accessory structures shall be flood - proofed in accordance with the Minnesota State Building Code. :ORDINANCE'' NO. .j d. Storage of Materials and Equipment The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Storage of other materials or equipment may be allo if readily removable from the area within the time available after a flood warning. e. Structural Works for Flood Control. Levees, dikes, and flood- walls shall not be constructed within the limits of the Floodway District. Other structural works for flood control such as dams and channel enlargements that will change the course, current, or cross- section of a public water shall be subject to the pro - visions of Minnesota Statutes Chapter 105. S ection 35- 2150. FLOOD FRINGE DISTRICT (FF) 1. Permitted Uses llowin uses shall be permitted uses within the The fo Fl ood Fring — 9 p District to the extent that the are not rohibi b an other Y p _ Y Y ordinances. a. Any use permitted in Section 35- 2140:1. b. Accessory structures provided they comply with the provision of Section 35- 214O:3c of this ordinance. c. Residences and other structures constructed on fill so that the basement floor.or first floor, if there is no basement, is at or above the Regulatory Flood Protection Ele The finished fill elevation shall be no lower than on ( 1 foo below the Regulatory Flood Elevation and shall extend at suc elevation at least fifteen 15 feet beyond the limi o f any structure or building thereon. Fill shall be compa and the slopes s all be protected by riprap or vegetative c Residences constructed on fill shall be subject to the vehicular access requirements in Section 35- 215O:3a. No use shall be permitted which will adverse affect the capacity of the channels or floodways of any tributar to th main stream, or of any drainage ditch, or any other drainage facility or system. 2. Special Uses Other uses are permitted only upon applicatio to the Zoning Official and the issuance of a Special Use Permit as pr in Section 35 -2184 of this ordinance and subject to the following provisions: a. Re sidences. Where existing streets, utiliti an small lot sizes preclude the use of fill, o ther method o elevating the f irst floor including baser,�--nts above the Regu lator_T Flood Protection Elevation may be authorized, pro vided that the residence is floo proofed in accordance wit TMthe Minnesota State Building Code. ORDINARCE NO. b. Non- Residential Structures. Commercial, manufacturing, and industrial s tructures shall ordinarily be elevated on fill so that th first floor Tincludinq basement) i s_abov e the Regulato Flood Protection Elevation but may i sp ecial circumstances be flood - proofed in accordance with the Minnesota State Building Code. Structures that are no elevat to above the Regulatory Flood Protection Elevation shall be flood- proofed to FP-1 or FP -2 classification as defined by the Mi nnesota State Building Code. Structures flood - proofed to FP - or FP -4 class - ification shall not be permitted. 3. Standards for Flood Fringe Uses a. Residential Uses. Residences that do not' vehicular access at or above an elevation not more than two feet below the Regu- latory Flood Protection Elevation shall not be_p ermitted unless _granted a variance by the Board of Adjustment. In granting a variance the Board of Adjustment shall specify limitations on the period of use or occupancy of the residence. b. Commercial Uses. Accessory land uses, su as yard railroad trac and parking lots may be at elevations lower than the Re gulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees o r t he general public shall not be granted in the absence of a flood warning system that provides adequate time for evac if the area would inundate to a depth greater than two feet or b e subject to flood velocities greater than four feet per second upon occurrence of the regional flood. c. Manufacturing and Industrial Uses. Measures shal be taken to minimize interferences with normal plant operations especially along streams having protracted flood dur Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Subsection of this section. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. Section 35 -2160. SUBDIVISIONS No land shall be subdivided which is held unsuitable by the Brooklyn Center City Council for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain d istricts shall contain a building site at or above tNe Regulatory Floo Protection Elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this ordinance and have road access both to the subdivision and to the indi vidua l building sites no lower than two feet below the R egula to ry Flood Protection Elevation. _ Section 35- 2170 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 1. Public Utilities All pub utilities and facilities such as gas, electrical sewer, a nd w ate r supply systems to be located in the f o od plain s a e floo d-proofed in acc with the State Buildi Cade or e to above t�ie`lle ul or�y F7 - 0 - ct Protec El'evati'on., ORDINANCE NO. 2. Public Transportation Facilities Railr tracks, roads and _bridges to be l within the Floodway District shall comply with Sections 35- 2140 :3a and b of this ordi- n ance. Elevation to th Rea Flood Protection Elevation shall be pro where fai lure o r i n_terrupti on of th ese transportation facil ities would result in danger to the public health or safety or where such facilitie are esse ntial to the ord functioning of the area. Hinor or auxil road or ra may be constructed at a lower elevation whe failure or in of transportation services would not endang the public health or safety. Section 35 -2180. ADMINISTRATION The procedure for obtaining zo ing approv for permitted and special uses in flood plain areas shall be a contained in Section 35-2181 through 35 -2184. I Section 35 -2181. ZONING OFFICIAL The Zoning Official as defined in Section 35 - 900 shall administer and enforce this ordinance. If he / she fin a vio of the provisions of this ordinance he/she shall i o r nsible for such 11 ofi f the e n es o Y _p P violation indicating the a f i a i n ordering the nature o the v of t o and 9 action necessary to correct it. Section 35- 2182. USE PERMIT 1. Use Permit Required. A Use Permit issued by the Zoning Official in conformity with the provisions of this ordinance shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or-land: pri to the change or extension of a non - conforming use; and prior to t he pl acement of fill or ex- cavation of materials within the flood pla in. 2. Application for Use Permit. Application for a Us Permit shall be made in duplicate to the Zoning Off icial on forms furnished by him her and shall inc the following wer app licable: plans in d uplicate drawn to scale, show t nature, — location, dimensions, a nd elevations of the lot; exi or p structures, fill, or storage of materials; and the locat of the foregoing in relation to the stream channel. 3. State and Federal Permits. Prior to granti a Use Permit or processing an application for a Special U se Permit or Variance, Zoning Official shall determine that th a has obtained all necessary State and Federal Permits. 4. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall e unlawful to use, occupy, o permit the use or occupancy of any building or premise, or part thereof, hereafter created, erected, changed, converted, altered or enlarged in its use or structure until a Certificate of Zoning Co mpliance shall have been issued by the Zoning Official stating th the use of the b uilding or land conforms to the requiremen of this ordinance. ORDINANCE NO. 5. Construction and Use to be provided in Appli cations, Plans, Permits, and Certificate of Zoning Complia Use Pe rmits, Special Use Permits, or Certific of Zening Co issued on t e asis of approved plan a nd appl ic ations authorize onl the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrange - ment, or construction at varian with that authorized shall be deemed a violation of this ordinance, and pun ishable as provided by Section 35 -1040 of this ordinance. The appl shall be require to submit certi fi cation b� a re istered rof s f p e sional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with The - Provisions of this ordinance Flood- proofing measures shall be certified b a registered Y professional engineer or r i registered architect. 6. Record of First Floor Elevation. The Zoning Official shall maintain a record of the elevation of the first floor including basement of all new structures or additions to existing structures in the floo plain districts. He /she shall also maintain a record of the elevations to which structures or additions to structures are flood proofed. Section 35 -2183. BOARD OF ADJUSTMENTS A Board of Adjustments is hereby established: 1. The Brooklyn Center City Planning Commission shall serve as the Boar of A diustment and Appeals of the municipality. When acting as the Board of Adjustment and Appeals, the City's Planning Commission s recommendations shall be advi to the City Council 2. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the Law powers conferred on such Boards by State 3. Adminstrative Review. The Board of Adjustment shall hear and decide peals where it is alleged there is error in any order, requirement, decision, or determination made by an admini strative official in the enforcement or administration of this ordinance. €{{ f 4. Variances and Appeals. The Brooklyn Center Planni Commission, acting as the Board of Adjustments and Appeals, shall hear appli- cations or variances adjustmen in acc with Section 35 -240 of t e City ordinances and appeals in ac cordance with Section _35_ t the City or finances. - k The Commissioner of Natural Resources shall be n at l east 10 d ays prior to a pu is earing held to review such matters and s a l also be notified within 1U da after a ecision i ren dered. No variance sha be gran w would have the ef fec t of aflowing in any district uses prohibited in that district, permit a lowe d egree of flood protection than the Regu atory'Floo P3 rotection evation or t e particu ar area, or permit s tand a rds oower than those required by State law. ORDINANCE N0. Section 35 -2184. SPECIAL USES The Brooklyn Center City Plannin C ommis s ion shall h and decide appli- cati for Special Uses permissible under this ordi Applications shall be subim tted t t he Zoni Offici who shall' forwa the appli- cation to the City Plan Commission for cons The City Planning Commission will make a recommendation to t he City Council which will render the final decision on the matte 1. Hearings. Upon accepting an application fo a Special Use Permit, the Zoning Official shall submit by mail to t he Commissioner of Natural Resources a copy of the application fo proposed Specia Uses sufficiently in advance so that the Commis of Natural Resources will receive at least ten days notice of the hearings. 2. Decisions. The Brooklyn Center City Council shall arrive at a decision on a Special Use within 60 days of the City Planni Commission hearing.. In granting a Special Use Permit, the City Plan m ng Commission may prescribe appropriate conditions and safeguards, in addition to those specified in Section 35- 2184.6, wh are in conformity with the purposes of this ordinance Viol of such conditions and safeguards, when made a part of the terms under which the Special Use Permit is granted, shall be d eemed a violation of this ordinance punishable under Section 35 -1040. A copy of all decisions granting Special Use Permits shall be - forwarded by mail to the Commissioner of Natural Resources within 10 days of such action. 3. Procedures to be followed by the City Planning Commission and City Council in Passing on Special Use Permit Appli Within the Flood Plain Districts z a. Require the applicant to furnish such of th f ollowing inform ation and additiona information as deemed n by the City Planning Commission and City Council fo determining the suitability of the particular site for the proposed use 1. Plans in triplicate drawn to scale show the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood - proofing measures, and the relati of the above to the location of the stream channel. i 2. S�ecifications for building constructi and materials, flood - proofing, filling, dred grading, channel improvement, storage of materials, water supply and sanitary facilities. 1 b. Transmit one copy of the information descri in subsection i to a designated engineer or other expe pe rson or agenc for technical assistance, where necessary, in evaluating the proposed project in relation to flood he and velocities, the seriousness of flood damage to the u se, the adequacy of the plans for protection, and other technica matters. c. Based upon the technical evaluation of t he deli nat engineer or expert, � recommend and � p the City Planning Commission s hall the City Council shall determine .the specific flood hazard at ORDINANCE NO . the site and evalu the s of the proposed use in relation to the flood hazard. 4. Factors Up Whic the Decision of the C ity Planni Commission and City Council Shall be Based. In p assing up on Special Use applications, the City Planni C ommission sh consider all relevant factors specified in other sections of this ordinance, and a. T he danger to life and property due to incr eased flood i heights or velocities caused by encroachments. b. The danger that materials may be swept o nto other lands or downstream to the injury of others. c. The proposed water supply and sanitati s ystems and the ability of these systems to prevent disease, conta mination, and unsanitary conditions. d. The susceptibility of the proposed faci and its con- tents to flood damage and the effect of suc damage on the individual owner. e. The importance of the services provided by the prop facility to the c ommunity. f. The requirements of the facility for a waterfront loc ation._ . The availa bility of alternative locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with existing devel- opment and development anticipated in the foreseeable future. i. The relationship of the proposed use to the Comprehensive Plan and Flood Plain Management Program for the a rea. j . The safety of access to th property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, dura rate of rise, and s ediment transport of the flood waters expected at the site. 1. Such other factors which are relevant to the purposes of this ordinance. 5. Time for Acting on Application. The City P lanning Commission shall act on an application in the manne described above within 30 days fr receiving the application, except where addit information is required pursuant to Section 35- 2184.3 of this ordinance. The City Council shall render a wri tten decision within 60 days from the receipt of the City Planni C ommis - sion's recommendation. 6. Conditions Attached to Special Use Permits Upon consideration of the actors listed above anUthe purpose 0 is or finance, the C y- amm�g Commission an � y ounciT i y a ac suc conditions t o fie granting o pec�a se ermifs as iT eems ORDINANCE NO necessary to fulfil the u r op ses of thi or dinanc e. Such conditions may include, but are not limited to, the foll o wl n : • a. Modification of waste disposal and water supply facilities. b. Limitations on period of use, occupancy, and operation: c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, dikes, levees, and other protective measures. e. Flood - proofing measures, in accordance with the Minnesota S tate Building Code. The applicant shall sub a plan or document certified by a registered profess engineer or architect that the flood - proofing measures a consistent wit the Regulatory Flood Protection Elevation and associated flood factors for the particular area. Section 35 -2190. AMENDMENTS The flood plain designation on the Official Zo ning Ma shall not be removed from flood plain areas unless it can b sh own that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to l ands ou the flood plain Special exceptions to this rule may be permitted by the _Co mmissioner of Natural Resources if he /she determines that, throu other measures, • l ands are adequately protected for the intended use. Al am to the. Flood: P M anagelm ent r egulations �i ncl udi.ng amendments to the Official Zoni nq 1 -lap roust be submi t to and approved by the Commissioner of Natural Resources prior to adoptio C hanges i n the : Official - Zoning Map also require prior approval- by':the Federal Insurance Administration. Section 5. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Cleric Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) t . CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE ADOPTING A UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS CREATING A HAZARD FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: [Brackets indicate repealed matter and underlining indicates new matter. SECTION I: Section 5 -201. ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the City Council of the City of Brooklyn Cent f or th purpose of prescribing regulations governing conditions hazardous to life and property fro fire or explosion, that cer tain code k nown as t he Unifo Fire Code reco mrmnde d by the Western F re Chiefs A and the International Conference of Building Officials being particu th 1979 edition thereof and the whole thereof, save and e xcep t such portions as are hereinafter del modified or amended by Section 5 -207 of this ordinance of w ch code not less than three ( 3 ) copies have been- and are now filed in _ the off ice of the clerk of the City of Brooklyn Center and the same are hereby adopted and incorporated as fully as if set out at�tn herein, and from the dat o n which this ordinance s hall take effect, the provision thereof shall be controlling within the limits of t he City of Brooklyn Center. Section 5 - 202. DEFINITIONS. ( a) Wherever the word "jurisdict is used in the Uniform Fire Code, it shall be held to mean the City of Brooklyn Center. (b) Wherever the term "Corporation Counsel" is used in the Uniform Fire Code, it shall e held to mean the attorney for the City of Brooklyn Center. Section 5 - 203. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHI STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS TO BE PROHIBITED. (a) The limits referred to in Section 79.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in o utside . , aboveground tanks is prohibited, are hereby established as follows: - - -1- (b) The limits refer to in Section 79.601 of the Uniform Fire Code, in which ne bu lk plants fo flammable or combustible liquids are prohibited, are hereby established as follows: S` cticn 5 -204. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUIFIED PETROLEUM GASES IS TO BE.RE TRICTED. The limits referred to in Section 82.105(a) of the Uniform Fire Cod e, in which bulk storage of iqui ie petroleum gas is rest ricted, are hereby established follows: < y l Section 5 -205. ESTABLISHMENTS OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PRO- HIBITED. The limits referred to in Section 77.106 (b) of the Uniform Fire Code, in which storage o explosives an asTing agents is prohibited, are hereby estab ishe as follows: Section 5-206. APPEALS. Whenever the chief shall disapprove an application or refuse to rant a permit applied for, r w e i t PP o o h n grant P_ , is claimed that the provisions of the code do not apply or that the true intent ana meaning the code have been mis ru g n cons e or wrongly interpreted, the app licant may appeal from the decision of the chief to the City Council of the City of Brooklyn Center, within ten days rom. t e date of the decision appealed. Section 5 --207. AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The Unifcrri Fire Code is amended and changed in the following respects: €: (a) Sec. 1.102.(a) is amended to read, in its entirety, as 0 ow - _ s. t is t o purpose and in .en o is Code to promote i standards o ua it P g quality in the construction and maintenance of buildings, to improve the tax base with well constructed ana well maintained buildings, and to enhance the va ue - an — condition — ro er P P Y within e City of Brooklyn Center. It is not of this Code to rovid_ e compensation t pen ati•n to victims of ire, to guarantee a so ute compliance with all sections of the Uniform Fi re Code, or to indemnify owners of priva e property ag loss occasioned by their fa i lure to comply wit this Co e. -2_ (b) Sec. 2.104. (a is amended to _read, in it entirety, as follows: The Chie with the approval of the Admin- istrator,.ma design a member of the Fire D to exercise the po and perform the duties of Fire Prevention Engineer_ as set forth in this Code. He may also be known as Fire Marshall. (c) Sec. 2.107., pares. 3, is deleted, in its entirety. (d) Sec. 2.302. is deleted, in its entirety. (e) S ec. 4.103. is amended by the addition of the following: (a) in addition to any other fees required, the applic for a permit or certi ficate required by this Code shall reimburse the Clty o Brooklyn Center for any engineering, archi tectural, plan ning, or other expenses of professional consultants which are incurred in connection with its consideration of the permit or certificate. (f) Sec. 9,103., para. 16, is amended to read, in its entirety, as follows Assembly - is agathexing together Of fifty (50) or more persons for such purposes as delib eration, Education, instruction, entertainment, amuse- ment, in drinking or dining establishments, or awaiting transportation, but excluding religious worship. (g) Sec. 10.309.(a), is amended to read, in its entirety, as ollows: Automatic spri.n er systems s a e prove ed in a ccordance with the provisions of Se 5 -301, 5 -302, . -303, and 5 -304 of the Ordinances of the City of Brooklyn Center. t (h) Secs. 10.309 (c), (d), are deleted, in their entirety. Section 5 -208. AMENDMENTS MADE TO EXISTING ORDINANCES OF THE CITY OF BROOKLYN CENTER. 4 The Ordinances of the City of Brooklyn Center are amended and changed in the following respects: { f (a) Section 5- 107(e)(3) is amended as follows: The Fire Marshall shall perform .[the) Fire Pre- vention duties [set out in Sections 5 -202 through 5 -211 of City Ordinances] and shall be responsible for the operation of the Bureau of Fire Prevention,_ together with all other laws, ordinances and regu- lations dealing with the suppression and prevention of fires. ( -3- t . t i � _ 1 i (b) Section 5 - 114 is amended as follows: ! PENALTIES, Any person violating the provisions of Section 5 -111 through 5 -113 of this ordinance shall, upon.conv..ction thereof be punished by a fine not to exceed [three hundred ($300)] five hundred ($500) I dollars and b imprisonment risonmen P t not to exceed - ninety (90) days, or both, and shall pay the costs of prosecution (c) Section 5 -201, 5 -202, 5 -203, and 5 -204 are amended as follows [Section 5 -201. ADOPTION OF FIRE PREVENTION CODE. There is hereby adopted ted b the P y City of Brooklyn Center for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention*Code recommended by the National Board of Fire Underwriters, being particularly the 1970 edition thereof, save and except such portions as are inconsistent with other City ordinances, of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the City of Brooklyn Center and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Brooklyn Center.) [Section 5 -202. ESTABLISHMENT AND DUTIES T Y..S OF BUREAU OF FIRE PREVENTION. 1. The Fire Prevention Code shall be enforced by the Bureau of Fire Preven ' noon in the Fi re Depart - ment of the City of Brooklyn Center which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. 2. • The Fire Marshall shall be in charge of the Bureau of Fire Prevention.] [Section 5-°203. MODIFICATIONS. The Fire Marshall shall have power to modify n o Y Y f the provisions of the Fire Prevention n Code upon application in writin g by the owner or lessee, or his duly authorized agent, when there are practical difficulties in way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particu- lars of such modification when granted or allowed and the decision of the Fire Marshall thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.] -4- [Section 5 -204. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The City Council, the Chief of the Fire Department and the Fire Marshall shall ac r t a� a comm to determine and specify, P Y. after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The Fire Marshall shall post such list in a conspicious place in his office, and distribute copies thereof to interested persons.] (d) Section 5 -302 is amended as follows: Section 5 -302. FIRE EXTINGUISHING SYSTEMS REQUIRED. Every story, basement, or cellar in every building hereafter erected in the I -1 (Industrial Park), I -2 (General Industry), 0 - (Service Office), 0 - (Service /Office), and C -2 (Commerce) zoning districts shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N.F.P.A. [No. 13]. Every story, basement, or cellar in every building exceeding three stories in height hereafter erected in any residential (R1 through R7) district shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard N.F.P.A. [No. 13]. The fire extinguishing system shall be connected to the City of Brooklyn Center Remote Station Fire Alarm System according to the provisions of Section 5 -501 through 5 -505 of the City Ordinances or shall be connected to a central station system approved and listed by Underwriters Laboratories, Inc. and shall remain so connected and maintained during the life of the building. Section 5 -209. PENALTIES. ! (a) And person who shall violate a ny of the provi of this i. code hereby adopted or fail to comply therewith, or who shall violate i or fail to comp ^ y with any order made thereunder, or who shall build in violation of any detaile statement of specification or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no a has been taken, or who shall fail to comply with such an order as affirm or modified by the City Council of the City of Brooklyn Center, or S y a Court of competent jurisd wit the ti fixe herein, shall severally for each and every su v iola t io n and noncompliance respectively, be guilty of a mis punishable by a f ine of not more than Five Hun r. ed ($500) c o ars , or by i mprisonment for not more tFian ninety ays, or oth suc -5- fine and i- mprisonme toge ther with the co sts of prosecution. The imposition of one penalty for any violation shall not excuse e i the violation or prmi t o c on t inue; and all such persons shall be r equire d to correct or remedy such vio or defects within a reasonable time; and wh not ot specified, each ten days that L)rohib-ited conditions ar_e maintained shall constitute a Separate offense. (b) The application of the above penalty shall not be h eld to prevent the enforced removal of prohibited conditions. SECTION II. This ordinance shall. become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1982. Y f Dean Nyquist, Mayor Attests Clerk Date of Publication Effective Date � x q { f i i s i b MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION . JANUARY 14, 1982 CITY HALL CALL TO ORDER 1981 PLANNING COMMISSION The 198 Plannning Com ifission was ca led to order by Chairman William Hawes at 7:33 p.m. ROLL CALL Chairman William Hawes, Commissioners Molly Malecki, Richard Theis, Nancy Manson, George Lucht, Mary Simmons and Lowell Ainas. Also present were Director of Planning and Inspections Ronald Warren, Assistant City Engineer James Grube and Planning Assistant Gary Shallcross. APPROVA OF MINUTES - Dece 1 0, 1981 Motion by Commissioner Malecki seconded by Commissioner Lucht to approve the minutes of the December 10, 1981 meeting as submitted. The motion passed unanimously. Chairman Hawes and Commissioner Theis then expressed their enjoyment of the four years that they had spent on the Planning Commission and thanked the staff and other Planning Commission members for the experience. A DJOURN 1981 PLANNING COMM ISSION r2otyon by Commissioner Theis seconded by Chairman Hawes to adjourn the 1981 Planning Commission. The motion passed unanimously. ADMINISTER OATH OF OFFICE The Secretary then administered the oath of office to Carl Sandstrom and Richard Hager, who had volunteered to serve on the Planning Commission. CALL TO ORDER 1982 PLANNING COMMISSION The 1982 Planning Commission met in regular session and was called to order by Chairman Pro tem George Lucht at 7:38 p.m. ROLL CALL 1982 PLANNING COI.1T Chairman Pro tem George Lucht, Commissioners Molly Malecki, Nancy Manson, Mary Simmons, Lowell Ainas, Carl Sandstrom and Richard Hager. ELECTION OF 1982 PLANNING COMMISSI CHAIRMAN Chairman Pro tem George Lucht declared that the first matter of business was to elect the 1982 Planning Commission Chairman. He opened the floor for nominations. Commissioner Malecki nominated. Commissioner Nancy Manson to be 1982 Planning Commission Chairman. Her nomination was seconded by Commissioner Simmons. Commissioner Ainas nominated Ccr. George Lucht to be the 1 °82 Planning Commission Chairman. The nomination was seconded by Commissioner Sandstrom. 1 -14 -82 � CLOSE NOMINATIONS Chairman Pro tem Lucht asked three times whether there were any further nominations. There being none, there was a motion by Com missioner Malecki seconded by Commissioner Ainas to 'close the nom inations. The motion passed unanimously. The Planning Commission then voted for its 1982 Chairman. Voting for Commissioner Nancy Manson were: Commissioners Malecki, Manson and Simmons. Voting for Commissioner Lucht were: Commissioners Lucht, Ainas, Sandstrom and Hager. Comm.ssioner'Lucht was elected 1982 Planning Commission Chairman. ELECTION OF 1982 PLANNING COMMISSION CHAIRMAN PRO T EM Commissioner Malecki nominated Commissioner Nancy Manson to be the 1982 Planning Commission Chairman Pro tem. The nomination was seconded by Commissioner Simmons. CLOSE NOMINATIONS Chairman Lucht asked three times whether there were any further nominations. There being none, there was a motion by Commissioner Malecki seconded by Commissioner Sandstrom to close nominations. The motion passed unanimously. Those voting in favor of Commissioner Manson to be the 1982 Planning Commission Chairman Pro tem were: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Hager. Commissioner Manson was elected Chairman Pro tem unanimously. APPLICATION NO. 82001 (William Dale) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for preliminary plat approval to resubdivide the land at 4815 France Avenue North and the vacant parcel to the west by shifting the common property line eastward to the Dale Tile parking lot. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 82001 attached). PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. Mr. William Dale stated that he had nothing to add to the staff report. Chairman Lucht asked whether anyone else present wished to speak on the application. There being none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING ® Motion by Commissioner Malecki seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82001 (William Dale) Motion by Commissioner Sandstrom seconded By Commissioner Hager to recommend approval of Application No. 82001, subject to the following conditions: 1. The final plat is subject to approval by the City Engineer._ 2. The final lat is subject to the p � provisions of Chapter 15 of the City Ordinances. 3 The plat shall be modified prior to consideration 1 - 14 -82 -2- by the City Council to indicate dedication of an easement for right -of -way purposes at the south edge of Lot 1 prior to final plat approval. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, • Simmons, Ainas, Sandstrom and Hager. The motion passed unanimously. APPLICATION NOS. 82002 and 82003 (Donald Sta The Secretary introduced the next item of. business, a request for preliminary plat approval to subdivide a 100' x 200' vacant Rl lot south of 56th Avenue North on the east side of Camden Avenue North and a request for a variance from the Subdivision Ordinance Section 15- 106:g.2(dd) to allow two residential lots with a depth of less than 100 The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheep for Application Nos. 82002 and 82003 attached). He explained that the easement on the south side of Lot 1 would not be a public easement, but rather an easement from Lot 1 to Lot 2, so that sewer, water and gas service lines can be installed. He also explained that the vacant land between Lot 2 and the 56th Avenue North cul- de- sac,is owned by the Highway Department and can be considered right -of -way for all practical purposes, since it will most likely be transferred to the City once highway construction is complete. The Secretary went on to state that the Engineering Department recommends an additional tional easement for ower 2 p lines on the west side of Lot , either a 25' easement for overhead wires directly through the lot or 1 a 0 wide easement for underground wises around the perimeter of the lot. He noted that the latter proposal would require the relocation of existing power lines. He added that only Rl uses would be permitted on the two lots. • Commissioner Simmons asked whether Mr. Stark would be able to build on his property before the freeway construction is completed. She pointed out that surrounding neighbors abutting the freeway have to wait until the freeway is constructed before they can purchase excess right -of -way land and make use of it. She also asked how Mr. Stark was able to hang onto his property when other people's lots were taken. The Secretary reviewed the area taken by Yin/DOT for freeway right -of -way. He explained that these lots all had access onto 4th Street or were immediately adjacent to the freeway corridor. He explained that Mr. Stark's property had access onto Camden Avenue North and, therefore, it was unnecessary to take more than the minimum amount. He explained that Mn /DOT cannot always only acquire the land that they need, but may have to take entire lots so that unbuildable remnant parcels do not remain. Commissioner Simmons recalled that the other lots abuttin g the freeway had been owned by Mr. Stark and were sold by him to the Highway Department. Mr. Stark acknowledged this. Commissioner Simmons asked whether the extra land between the 56th Avenue North cul -de -sac and Lot 2 would be used for snow storage. The Secretary responded in the affirmative and explained that the land was presently owned by Mn /DOT and would be given to the City after highway construction is completed, and that, therefore, the property is essentially right -of -way. He stated that there was no real need for an easement across this property to the proposed Lot 2 because of its use as right -of -way. The Assistant City Engineer briefly discussed the proposed 10' utility easement on the south side of Lot 1. He stated that because 1 -14 -82 -3- private sewer, water and gas utility lines would be placed in the easement, he recommended that the easement be widened to 20'. The Secretary pointed out that a 20' wide easement would not have a major effect on locating a building on the property. PUBLIC HEARING (Application No. 820 • Chairman Lucht then opened the meeting far a public hearing. A Mr. Ronald Ross of 520 -56th Avenue North asked the Commission whether a building on Lot 2 would be the only instance of two houses between Camden Avenue North and the freeway. The Assistant City Engineer pointed out that there was more than one house between Camden and the freeway facing 55th." Mr. Ross asked whether the City would ever put in 4th Street between Camden and the freeway. After some dis- cussion of the circumstances, the Secretary stated that it was very unlikely that a street could be put in which would serve property between the freeway and Camden. He stated that there simply was not enough room for a street and buildable sized lots. CLOSE PUBLIC HEARING Motion by Commissioner Simmons seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. PUBLIC HEARING (Application No. 82003) Chairman Lucht then opened the meeting for a public hearing regarding Application No. 82003, the variance request. He asked whether anyone present wished to speak on the application. No one addressed the Commission. CLOSE PUBLIC HEARING Motion by Commissioner Manson seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. P ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82002 (Donald Stark) Motion by Commissioner Malecki seconded by Commissioner Sandstrom to approve Application No. 82002, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, with the ex- ception of the lot depth requirement. A proposal for a power line easement over Lot 2 which may include the relocation of existing power lines shall be submitted prior to con - sideration by the City Council of the preliminary plat. Jng The private utility easement along the south side of Lot l shall be widened to 20'. Vo n f avor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Hager. Voting against: none. The motion d unanimously. asse P ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82003 (Donald Stark b Commissioner San Strom to Motion Commissioner Manson seconded y Y recommend approval of Application No. 82003 on the grounds that the Standards for Subdivision Ordinance Variances are met based on the { 1 -14 -82 -4- following 1. The two lots meet the requirement for width and area and make appropriate use of land served by two access points. 2. The size of the existing parcel was determined by taking of land for public right -of -way. 3. The variance will not cause a detriment to surrounding properties. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Hager. The motion passed unanimously. APPLICATION N 2 (J ames Br own Bowl 0 0. 8 005 (J s Madden /Earle Br w ) The Secretary introduced the next item of business, a request for site and building plan and special use permit approval to expand the bar and lounge at the Earle Brown Bowl at 6440 James Circle. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 82005 attached). The Secretary also reviewed the seating layouts inside the restaurant and lounge and the bowling alley existing prior to late December of 1981, those in effect at present, and those proposed by the applicant for approval. There followed a discussion regarding restriping the parking lot to conform with the Proof -of- Parking plan submitted by the applicant. The applicant assured the Commission that he intended to restripe the parking lot during the summer of 1982 and would not oppose a condition requiring such restriping during that time. Commissioner Malecki asked whether the trash containers for the bowling alley were enclosed. The Secretary responded in the affirmative. The Secretary briefly pointed out that three handicapped parking stalls on the Proof -of- Parking plan would have to be relocated closer to the building to meet Building Code requirements. He also explained that the staff recommended deferring the seven stalls along the north side of the parking lot west of the bowling alley, because installation would cut into a large berm along Freeway Boulevard. He stated that if parking problems arose, with cars parking on James Circle and /or Freeway Boulevard, the City could require that at least the seven additional stalls be put in. Commissioner Hager was somewhat puzzled as to why the stalls were deferred, whether they were required, or on what basis they would be required. Chairman Lucht explained that deferral of parking stalls is sometimes approved because the Commission has no desire to see a "sea of blacktop" simply for the sake of meeting parking requirements. The Secretary explained that the parking re- quirements must at least be met through a proof -of- parking. He noted that the parking requirements are not only to provide adequate parking, but also effectively control the density of structures per- mitted on a given amount of land. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. Com- missioner Malecki asked whether the dance floor was comprehended under the existing special use permit for the bowling alley. The Secretary answered that the bowling alley does have a special use permit for live entertainment and that the dance floor would be 1 -14 -82 -5- comprehended under that permit. CLOSE PUBLIC HEARING There being no other comments from those present in the audience regarding the application, there was a motion by Commissioner Malecki seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82005 (James Madden/Earle Brown Bowl) Motion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend approval of Application No. 82005, subject to the following conditions: 1. The amended Special Use Permit is issued to the owner as operator of the facility and is nontransferable. 2. The amended Special Use Permit is for the expansion of the facility and comprehends all applicable con - ditions of the original approval granted under Planning Commission Application No. 78023. 3 Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 4. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of building permits to assure completion of approved site improvements. 5. Plan approval comprehends a "Proof -of- Parking" showing that ordinance required parking can be installed on the site. Restriping of the lot to the "Proof -of- Parking" shall be accomplished by midsummer of 1982. Construction of the seven additional stalls on the north side of the westerly parking lot may be deferred unless it is determined by the City Manager that the stalls are necessary to accommodate parking needs. 6. The north exit onto James Circle shall be eliminated and two additional parking stalls constructed. B -612 curb and gutter shall be installed to match the existing curb and gutter and the area shall be landscaped. 7. Plans shall be modified prior to consideration by the City Council to include the following: a. a sidewalk from the north entrance to connect with existing sidewalk on Freeway Boulevard. b. a sidewalk from the north entrance to the westerly parking lot. c. the building elevations shall be modified to eliminate the existing canopy that is -a part 1 -14 -82 -6- of the.existing entrance. Voting in favor Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas,'Sandstrom and Hager. Voting against: none. The motion passed unanimously. • RECESS The Planning Commission recessed at 9:13 and resumed.at 9:34 P.M. Upon resumption of business, Chairman Lucht stated that Commissioner Simmons had.asked to be excused from the meeting because she was ill. APPLICATION NO. 82006 (Farrell's) The Secretary intro uce _ the next item of business, a request for special use permit approval to convert a 17' x 28' dining room into a game room for use by restaurant patrons at 5524 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. • 82006 attached)'. Following presentation of the staff report, Chairman Lucht asked Mr. Tom Schlueter, the manager of the Farrell's Restaurant, whether he had anything to add. The applicant stated he had no additional comment. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to comment on the application. There being none, he called for a motion to close the public hearing. CLOSE PUBLIC H EARING Motion by Commis is o er Sandstrom seconded by Commissioner Hager to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82006 (Farrell's Motion by Commissioner Malecki seconded by Commissioner Manson to recommend approval of Application No. 82006, subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all codes, ordinances and � an regulations, and violation thereof shall be g Y grounds for revocation. vo ation. 3. House rules shall be posted and strictly enforced and a copy of said rules shall be kept on file with the City. 4. Should the game room be reconverted to a dining area at some time in the future, the seating capacity of t a k'n the restaurant ha subject t he parking shall be sub e o J p g re- quirements in effect at such time and no claim to the seating capacity existing prior to the operation of the game room shall be valid. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom and Hager. Voting against: none. The motion passed. 1 -14 -82 -7- APPLICATION NO. 82007 (United Artists Theatre) The Secretary introduced the next item of 'usiness, a request for special use permit approval to operate and maintain five electronic games in the lobby of the United Artists Theatre at 5810 Shingle Creek Parkway. The Secretary reviewed the contents of the staff report (see Planning_ Commission Information Sheet for Application No. 82007 attached), Following presentation of the staff report, Chairman Lucht asked the applicant whether he had anything to add. The applicant, Mr. Jerry Siegel, stated he had no further comment. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. There being no one else present to speak on the application, the Chairman called for a motion to close the public hearing. Motion by Com- missioner Manson seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Sandstrom asked what type of games would be installed in the lobby. Chairman Lucht answered that the games would be video games such as space invaders, etc. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82007 (United Artists Theatre) Motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of Application No. 82007, subject to the following conditions: 1. The permit is issued to United Artists as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. House rules shall be posted in the vicinity of the games and strictly enforced and a copy of said rules shall be kept on file with the City. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom and Hager. The motion passed. OTHER BUSINESS The Secretary briefly asked the Planning Commission for permission to put one business item on the study meeting for January 28, 1982. There was no objection. Chairman Lucht added that the Planning Commission would have to assign the liaisons to the Neighborhood Advisory Groups at that meeting. DISCUSSION ITEM a. Licensing Ordinance for Amusement Centers and Devices The Secretary explained to the Planning Commission that a draft ordinance was in the process of being developed regarding the licensing of amusement centers and devices within Brooklyn Center. He stated that the draft has been collated from ordinances in effect in other cities. He stated that he would recommend controlling games in certain locations and not to use the zoning procedure of 1 -14 -82 -8- Special Use Permits tor a small number or games, such as —tie case «. of the United Artists Theatre. He stated that there may be certain instances where games should not be allowed at all, possibly when abutting any residential property. He cited the problems the City has had with two game operations in the Humboldt Square shopping center. He also observed, on the other hand, that the Picadilly Circus in Brookdale shopping center has not been a problem over the years. He stated that this may be because the Humboldt Square is in a basically residential neighborhood, whereas Picadilly Circus is surrounded by commercial uses. He stated that the new ordinance must define what a game room is and not require a special use permit approval for less than a certain number of games. Commissioner Ainas asked whether determination of whether the games constitute the principle or a secondary use would decide whether a special use permit is required. The Secretary answered that how an establish - ment operates is not the only concern, but also where it is located. He stated that location might be a factor in the special use require- ments. Whether a game room or group of electronic games is a primary or secondary use would have to be determined on a case by case basis, he said. He stated that the draft ordinance recommended the licensing of individual machines, game vendors and Amusement Center operators. Mr. Barry Kane of Advance Carter Company briefly addressed the Commission. He stated that he agreed with the Planning Commission's and the staffs' concern that a licensing ordinance be adopted to more strictly control the operation of games in Brooklyn Center. He stated that he would like to help staff develop an ordinance which would be strict because the industry wishes to promote electronic games as healthy entertainment and not to allow bad operations to give the industry a bad name. Commissioner Ainas stated that he had observed The Circus in Brooklyn Park. He noted that the management in the establishment is tough, but that teenagers who come to The Circus will go to the parking lot to buy and sell drugs or marijuana. There followed a brief discussion of miscellaneous aspects of the game ordinance question. Commissioner Sandstrom observed that a high fee would not control the abuse of game rooms so much as con- trolling the number and location of games. Commissioner Hager also suggested that the fee could be kept low, but that an operator would - be liable to have his license revoked if more than perhaps three police calls were made to an establishment with a year's time. Commissioner Ainas stated that he had no reluctance to charge a high license fee because most of the games produced in the country are made and distributed by Bally Manufacturing which, he said, is con- trolled by organized crime. ADJOURN Mono by Commissioner Sandstrom seconded by Commissioner Hager to adjourn the Planning Commission. All those present voted in favor. The Planning Commission adjourned at 10:20 p.m. • Chairman 1 -14 -82 -9- Planning Commission Information Sheet Application No. 82001 Applicant: William Dale Location: 4815 France Ave. N. Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into two lots the land at 4815 France Ave. North and a vacant lot to the west. The property is surrounded by France Ave. N. on the east, Lakebreeze Ave. on the south, Davies Water Company on the west, and by the Joslyn Manufacturing Pole Yards on the north. The new subdivision moves the common property line between these two parcels eastward by approximately 105'. The new subdivision will eliminate the excess land on the west side of the Dale Tile property and consolidate it with the vacant parcel to the west. The proposed plat encompasses 5.06 acres of land. Lot 1, which is occupied by • Dale Tile, will be 2.43 acres; and the vacant lot will be 2.63 acres. The plat as submitted does not show the additional easement for right -of -way to Lakebreeze Avenue North on the south side of the Dale Tile property (Lot 1). This should be indicated prior to approval of the final plat. The vacant lot drains fairly steeply from northeast to southwest. A 20' wide drainage and utility easement is indicated along the west side of Lot 2, abutting Davies Water Co. The property is served by an 8" water and 10" sanitary sewer in Lakebreeze Avenue. The plat provides a 5' green area between the concrete curb edge of the Dale Tile parking lot and the lot line separating Lots 1 and 2. This meets the standard applied to commercial and industrial uses abutting at an interior property line. • Generally, the plat seems to be in order and approval is recommended subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The plat shall be modified prior to consideration by the City Council to indicate dedication of an easement for right -of -way purposes at the south edge of Lot 1 prior to final plat approval. 1 -14 -82 t f Planning Commission Information Sheet Application Nos. 82002 and 82003 Applicant: Donald Stark Location: 5540 Camden Avenue North Request: Preliminary Plat, Variance The applicant seeks preliminary plat approval to subdivide into two lots the land at 5540 Camden Avenue North. The lot is the second lot from the corner of 56th and Camden on the east side of the street. Presently the lot extends from Camden Avenue North eastward 200' to a point south of a cul -de -sac at the end of 56th Avenue North, just on the west side of Interstate 94. It is 99.79 feet wide and there are no structures located on the lot. The property will be divided precisely in half with each lot having dimensions of 99.79' x 100' for an area of 9979 sq. ft. The lots meet the ordinance require- ments for width and area, but are substandard by 10' as to depth (the ordinance requirement is 110'). A variance from the lot depth requirement is, therefore, requested (Application No. 82003. The applicant has stated briefly on the application form submitted that the variance: -is necessary for 2 buildable lots -will not detrimental to the public or surrounding area is necessitated by the special circumstances created by acquisition of land for highway purposes The standards for a variance from Chapter 15 (the Subdivision Ordinance) are as follows:: 1. That there are special circumstances or conditions affecting said property such that the strict application of _the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 2. That the variance is necessary for the preservation and enjoy- ment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is located. Staff would concur that the standards for a variance seem to be met. The parcel of land is essentially large enough for two single - family lots and has two potential accesses. The total depth of the existing lot of 200' was a result of highway taking, not platting of additional lots. Furthermore, there seems to be no detrimental effect on surrounding properties. There has been at least one variance from the lot depth requirement in the last ten years. That was granted to Lester Mayo under Application No.76023 to allow subdivision of a 101.85' x 232' lot at the northwest corner of 57th and Camden into two lots, one of which measured 94' x 101.85' for a variance of 8.15'. Staff can find no record of recent variance request of this type being denied as long as lot area and width requirements are met. 1 -14 -82 - e r Application Nos. 82002 and 82003 continued It should be noted that all utilities serving the easterly lot (Lot 2) will be brought in through an easement along the south side of Lot 1. The easement is proposed to be 10' wide; however, the City Engineer has advised that a 20' wide easement may be necessary unless cast iron pipe is installed for the sanitary • sewer. Such an easement would have no real effect on the buildability of Lot l since that parcel is almost 100' wide. We are unable at the writing of this report to comment on the drainage of the site because no topographic survey has yet been submitted. We hope to have this information by Thursday night's meeting. Access to 56th Avenue North is also through a driveway easement traversing land presently owned by the Highway Department. Subject to this review, the plat seems to be in order and approval is recommended subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, with the exception of the lot depth requirement. Approval of Application No. 82003 for variance from the Subdivision Ordinance is also recommended on the following grounds: 1. The two lots meet the requirement for width and area and make appropriate use of land served by two access points. 2. The size of the existing parcel was determined by taking of land for public right -of -way. 3. The variance will not cause a detriment to surrounding properties. i s 1 -14 -82 —2— Planning Commission Information Sheet Application No. 82006 Applicant: Farrell's Ice Cream Parlor Location: 5524 Brooklyn Boulevard Request: Special Use Permit The applicant requests special use permit approval to operate a game room in the Farrell's Ice Cream Parlor at 5524 Brooklyn Boulevard. The establishment is located on the east side of Brooklyn Boulevard between 55th and 56th Avenues North and is bounded by Kentucky Fried Chicken on the south, by a private access road on the east, by the Happy Dragon Restaurant on the north, and by Brooklyn Boulevard on the west. The property is zoned C2 and game rooms (amusement centers) are permitted in the C2 zone by special use permit, provided they do not abut Rl, R2 or R3 property either at a property line or a street line. -In th abutment with__residential prop erty across a state highway, such as ,c been considered true residentia a utment. The proposed game room with about 15 games will replace an existing dining room with 38 seats. This will leave the restaurant with 140 seats. Assuming 12 employees on the maximum shift and calculating parking for the 475 sq. ft. game room on the basis of the retail formula, the parking requirement for the entire establishment comes to 81 stalls. The site presently has 84 stalls which means that use of the room for an amusement center rather than for seating will actually bring the total use into compliance with current parking requirements, whereas previously the site was deficient in parking. The applicant has explained in writing that the game room will be for the enjoy- ment of restaurant 9 atrons only. No smoking, food or drink will be allowed in p Y the game room. The game room will be under supervision of the restaurant manager at all times and the City's Curfew Ordinance will be enforced with respect to minors not accompanied by a responsible adult: Farrell.'s is apparently providing game rooms in all their restaurants across the country as a further attraction to the party (birthdays, etc.) business. As to the general standards for a special use permit, staff feel the application can be approved without violation of the standards. The game room as proposed is clearly an accessory use to the larger restaurant operation and should not create difficulties for surrounding properties. Traffic associated with the game room should not overtax available parking so long as it is operated for the benefit of restaurant patrons. We, therefore, recommend approval of the application, subject to at least the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all codes, ordinances and regulations, and any violation thereof shall be grounds for revocation. 3. House rules shall be strictly enforced and a copy of said rules shall be kept on file with the City. 4. Should the game room be reconverted to a dining area at some time in the future, the seating capacity of the restaurant shall be subject to the parking requirements in effect at such time and no claim to the seating capacity existing prior to the operation of the game room shall be valid. 1 -14 -82 Planning Commission Information Sheet Application No. 82007 Applicant: United Artists Theatre Location: 5810 Shingle Creek Parkway Request: Special Use Permit The applicant requests special use permit approval to install and maintain five (5) electronic games in the lobby area of the movie theatre located at 5810 Shingle Creek Parkway. The theatre is part of the Brookdale Square complex bounded by Brookdale Ford on the south, Cinema I -IV on the east, Northwestern Bell Phone Center on the north and Shingle Creek Parkway on the west. The land on which the theatre stands is zoned C2 and amusement centers are permissable special uses provided they do not abut R1, R2 or R3 zoned property, either at a property line or a street line. Technically, the strip of land on the west side of Shingle Creek Parkway is park land and zoned Rl. Staff would recommend, however, that this abutment not be considered a factor in this case since the value and use of the park land cannot really be affected by the abutting uses, whereas privately owned land could be adversely impacted. Moreover, unlike many publicly owned par els, the abutting park land is unbuildable by reason of its narrow confi ration. The applicant has submitted a letter (attached) explaining some details of the game area. The games will be located in a 7' x 13' strip in the lobby. The games will operate during normal theatre hours, approximately 12 noon to 11:30 p.m. Only theatre patrons, who must purchase a ticket to enter the theatre will be allowed to use the games. The applicant points out that the game area, along with the rest of the theatre, will be under the supervision of Mr. Leo Vetter, who has managed theatres in the Twin City area for over 25 years. Regarding the special use standards, the letter states simply that "all stipulations ... shall be complied with:" The applicant makes no attempt to prove with logical arguments • that the standards are met, but demonstration of this is to be by "evidence" (Section 35- 220:2), not merely argument. Staff believe the evidence offered about the proposed game area is adequate to conclude that the special use standards are met. We cannot foresee any neg ve impact on surrounding property, given that the games are available only to theatre patrons. The.games are clearly accessory to the theatre use and will have no separate clientele. Regardirg traffic and parking, again we see no additional demand created by the games that is not already taken into account with the theatre use. It is felt, therefore, that in this case no additional parking need be calculated and applied to the game area as was required in the ShowBiz Pizza application. Based on the foregoing and on the information supplied by the applicant, approval is recommended subject to at least the following conditions: 1. The permit is issued to United Artists as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. House rules regarding use of the games shall be posted in the vicinity of the games and a copy of such rules shall be kept • on file with the City. 1 -14 -82 Application No. 82005 continued With respect to required parking, the applicant has submitted a "Proof of Parking" which shows that the seating expansion can be accommodated by reducing the width of stalls to meet the minimum Zoning Ordinance requirement; adding seven new stalls to the northwest parking lot; eliminate an existing exit onto James Avenue; and by relocating handicapped parking to more appropriate locations. The staff acknow- ledges that this is feasible, however, we would recommend that the driveway exit be eliminated and reconstructed immediately. Restriping of the lot to the "Proof of Parking" should be accomplished when restriping would normally be undertaken. The seven proposed stalls would not have to be installed provided the applicant agrees to construct these stalls upon a determination by the City that they are necessary. With the construction of new entrances the applicant is proposing to construct entrance canopies similar to the existing canopies. The building wall exterior where the existing entrance is to be removed will be covered with material to match the existing building exterior. However, they propose to leave the existing canopy in place although there will be no entrance beneath it. The staff feels that a review of the building elevations will dictate the need to eliminate this canopy and would recommend that the Planning Commission consider this as a requirement of plan approval. It is also recommended that the applicant be required to provide a sidewalk from the north entrance to the existing City sidewalk running along the south side of Freeway Boulevard and also extend sidewalk westerly from this north entrance to the westerly parking lot. A public hearing has been scheduled and notices have been sent. With some modifications, the plans seem to be in order and the amendment of the special use permit does seem to be consistent with the standards for special uses contained in Section 35 -220:2 (copy attached) and approval is recommended subject to the following conditions: 1. The amended Special Use Permit is issued to the owner as operator of the facility and is nontransferable. 2. The amended Special Use Permit is for the expansion of the facility and comprehends all applicable conditions of the original approval granted under Planning 9 Application cation No. 78023 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 4. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of building permits to assure completion of approved site improvements. 5. Plan approval comprehends a "Proof -of- Parking" showing that Ordinance required parking can be installed on the site. Restriping of the lot to the "Proof- of- Parking'should be accomplished when restriping is normally redone. Construction of the seven additional stalls on the north side of the westerly parking lot may be deferred unless it is determined by the City Manager that the stalls are necessary to accom- modate parking needs. 1 -14 -82 -2- Planning Commission; Information Sheet Application No 82005 Applicant: James Madden /Earle Brown Bowl Location: 6440 James Circle Request: Special Use Permit Amendment to expand liquor lounge area The applicant is seeking an amendment to his special use permit which authorized a bowling alley, restaurant and cocktail lounge use in the industrial park zone. The original approval was granted by the City Council on May 8, 1978 under Planning Commission Application No. 78023. The bowling alley, restaurant and liquor lounge are located easterly of James Circle, south of Freeway Boulevard and the property is surrounded by vacant industrially zoned land to the east and south and by James Circle on the west and Freeway Boulevard on the north. The amendment proposed by the applicant comprehends the expansion of the liquor lounge through interior remodeling to gain additional area which would allow for an increased seating capacity. The proposal also comprehends the elimination of the existing entrance and the construction of two new entrances on the west side of the building. Also comprehended is the upgrading of an existing entrance oj�, the north side of the building. This application is the direct result of problems the applicant has had complying with certain provisions of the City's liquor licensing ordinance. Specifically, the Earle Brown Bowl did not truly have a minimum of 150 restaurant seats as re- quired by the ordinance and, also, the applicant has never been able to meet the requirement of the liquor ordinance that the principal part of the restaurant / liquor operation be from the sale of food. After much review by the City Council in December, 1981 and serious consideration being given to revoking the license, the City Council did approve a license for Mr. Madden on the condition that he • remodel the premises to provide a minimum of 150 restaurant seats at the estab- lishment plus provide his written assurance that he will create a "supper club atiiosphere" in 1982 and also assure, in writing, his intent to meet the liquor ordinance required food•salesto liquor salesratio in 1982. The City has issued various building permits, primarily for interior remodeling to accommodate the required changes. This includes the building of new full wall partitions between the lounge and restaurant area; the construction of a partial wall partition around the coffee shop; the building of a new entrance to the restaurant on the west side of the building;and the upgrading of the existing entrance on the north side of the building. These changes were considered to be within the realm of the original approval because the facility was not expanded beyond its approved capacity. With these changes the liquor operation at the Earle Brown Bowl was allowed to continue. Mr. Madden now wishes to expand the operation further which does require the need for additional parking and exterior remodeling to the extent that site plan approval is also required. The expansion would amount to an increase from the 50 existing lounge seats to 86 by removing an existing interior wall and the construction of new walls to allow the expansion into an area now used as an entrance corridor. The existing entrance on the west wall would be eliminated and a new entrance constructed to the south primarily to serve as an entrance to the bowling alley. The new entrance mentioned above would serve as a primary entrance into the restaurant and cocktail lounge. 1 -14 -82 -1- - - d Application No. 82005 continued 6. The north exit onto James Circle shall be eliminated and two additional parking stalls constructed. B612 curb and gutter shall be installed to match the existing curb and gutter and the area shall be landscaped. 7. Plans shall be modified prior to consideration by the City Council to include the following: a: a sidewalk from the north entrance to connect with existing sidewalk on Freeway Boulevard. b. a sidewalk from the north entrance to the westerly parking lot. c. the building elevations shall be modified to eliminate the existing canopy that is a part of • the existing entrance. 1 -14 -82 -3- ~ M & C No. 02 I Jtinuar'y 22 , 1982 FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN 'CENTER Subject: Earle Brown Bowl Lounge. Expansion To the Honorable Mayor and City Council: For your consideration at your January 25 Council meeting the Planning Commission has approved plans for a 36 seat expansion of the Earle Brown Bowl liquor lounge. As you will recall, there has been a recent remodeling of the facility to bring it up to liquor ordinance standards of 150 restaurant seats You will also recall when the Earle Brown Bowl liquor license was considered in December they had proposed an expansion of the lounge area. The request you are considering' this-evening is that'proposed expansion. The current status at -Earle Brown Bowl, is that Mr. Madden has completed the remodeling in the coffee shop area but has not completed the remodeling in the supper club area. He is in the final stages of completing the supper club area and as a supper club it is not yet in operation but will be this week. Because the supper club is not completely in operation we still do not have a track record on whether or not the !proposed 150 seats of food service will give the Earle Brown Bowl the needed food revenue to meet the ratio requirements in, our liquor ordinance. Because there is no track record available to indicate whether or not Earle Brown Bowl can meet the 50% plus food revenue requirement from our liquor ordinance and because most of the parking lot modifications could not be accomplished during the winter season, it is my recommendation that Council postpone approval of the requested modification of special use permit until such time as the Earle Brown Bowl has shown a two or three month pattern of more food than liquor sales. The staff has a concern that the expansion of the liquor lounge could make-it more difficult for the Earle Brown Bowl to maintain more food sales than liquor sales. I would hope there should be a pretty clear indication after a two or three month period of whether or not the expansion of the lounge would affect the ratio requirement for Earle Brown Bowl:. We have discussed this recommendation with the City Attorney and he believes this course of action would be in keeping with the Long Lake court ruling and would keep the City Council's options open in regard to reviewing the Earle Brown liquor license at the end of 1982. Respect ly submitted, Geral G Splinter City Ma ger CITY OF BROOKLYN CENTER i i t� f ' . Q-QQ r In i Y 7 _ r • �� � �� CSC) c_ � r_" -- � i • r P RO Lp CLID EL � ���r�" � �;� ^✓-'- v CC"��TTll ��, YY �a M 1 a n MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assitant DATE: January 22, 1982 ' SUBJECT: Brookdale II IRB Public Hearing I have reviewed Ryan Construction's request for $9,000,000 in Industrial Revenue Bond financing. The project represents Phase II of the development which contem- plates the development of a 116,000 square foot office building. Overall, the project meets the criteria and intent of the City's guidelines for the issuance of IR bonds. Their buildings are attractive and are of the "quality" the City should seek for the development of the Earle Brown Farm. It is estimated that 235 new jobs will be created with the construction of the building. The owner is not delinquent with his property taxes and the land is properly zoned for the proposed project. It is the staff opinion that the project will bring a significant number of new jobs to Brooklyn Center. It is also felt that the project in conjunction with Phase I will have a positive long term value to the City and will help set the tone for future development in the Farm. It will also have a positive affect upon our tax base. The site and building plan was approved with the Phase I development. The project will have a negative affect upon traffic levels in the area. However, access to and from the site has been worked out and the impact has been minimized. Because of the overall positive impact of this project on the City and because this project represents the continuation of a project supported and endorsed by the City it is the staffs strong recommendation that the IRB request be approved. i i 4 4 I t 9 MEMORANDUM TO: Gerald G. Splinter, Manager FROM: Brad Hoffman, Administrative Assistant DATE: January 22, 1982 SUBJECT: Legislative Proposals Last year, the City sought special legislation to deal with a variety of problems. Special legislation included: the conveyance of certain state land to the City; authority to set municipal speed limits at 25 mph; reimbursement to the City for the installation of traffic signals at 73rd and West River Road; and, authority to use the City's special assessment powers to create loans for home energy conser- vation improvements. Reimbursement for the traffic lights and municipal authority to set a 25 mph speed limit on municipal streets failed to pass. Neither bill received any significant support apart from our local legislators. Our special legislation bill for energy conservation loans died in the second committee it was assigned to, although Senator Humphrey made it a state wide bill as opposed to a special legislation bill. While it seemed to receive a great deal of support, it died in its second committee because of a lack of time. Last year's legislature was pre - occupied with budget problems and as such spent little time on other bills. The conveyance of land passed and was signed into law. The land, a small strip between the 694 noise wall and the homeowners along 66th Avenue between Noble Avenue and Lee Avenue, was acquired for conveyance to those property owners. The legislation was sought to fulfill a promise made to the homeowners by the Highway Department to make such land available to them if it was not used for the freeway. The City acted as a conduit for the process. The land has been transferred to the property owners. This year, the staff would recommend the pursuit of two pieces of special legislation. First, the sponsors of Last years legislation to create a loan program using the City's special assessment powers have indicated a willingness and an interest to pursue that matter again this year. As proposed, the bill would allow the City of Brooklyn Center to sell general obligation bonds to create loans to homeowners to insulate homes and take other actions deemed appropriate by the City to reduce energy consumption in their homes. Repayment of the bonds would be through the special assessment process and would be collected through tax payments. The bill would allow the City to offer low interest loans for the purposes of energy conservation and to administer such a program with a minimum amount of involvement. The second piece of legislation that staff would recommend would allow the Brooklyn Center Housing and Redevelopment Authority to use monies collected from its general levy to buy down interest on mortgages. The intent of the bill would be to create a mortgage pool to assist first time home buyers obtain affordable financing for homes in Brooklyn Center. It would be our intent that a lein would be placed against the property and that the monies used to buy down mortgage interst rates would be repaid at the time of sale or transfer of title on the property. It would be our further intent to use the monies to heip obtain further financial committments from private foundations to start the rrogram. While this program is separate and distinct i 3 ( from the senior housing program being proposed by the HRA,- it does have a direct, association with the 'program. The overall intent of the senior housing program is to make attractive and suitable housing alternatives available to seniors now living in single family homes. At the same time, seniors leaving their single family homes for the housing alternatives would be able to make those homes available to young families to move back into Brooklyn Center and the School Districts. In affect, we are attempting to recycle a neighborhood. This bill would simply give us the authority to create such a program. However, the Council would have to authorize a specific program at a future date. i We will be prepared to discuss these items in greated detail Monday evening. MEMORANDUM TO: Gerald G. splinter, City Manager / i� 3 FROM: Tom Bublitz, Administrative Assistant , 1 DATE: January 22, 1982 SUBJECT: Update on Cable Television On November 13, 1981 the Minnesota Cable Communications Board certified the North- west Suburbs Cable Franchise with Northern Cablevision. Since the approval of the franchise by the Minnesota Cable Communications Board (MCCB) Northern Cablevision is currently obtaining the necessary permits for construction of the system. The schedule developed for construction of the system in the nine community area provides that, within twenty -two (22) months from the commencement of construciton the system will be completed in all nine cities. The proposed starting date for the start up of construction is March 1, 1982 for the stringing of aerial cable wires and May 1, 1982 for underground cable. Also, portions of all nine of the cities will be completed within the first twelve months of construciton and service to some homes could begin as early as three months after construction begins. The City of Brooklyn Center has essentially been divided in half by the proposed construction schedule. Northern Cablevision has divided the city into an east and west sector using Shingle Creek Parkway as the approximate dividing line. In that part of the City lying west of Shingle Creek Parkway service is proposed during the first twelve months of construction and that part of the city lying east'of Shingle Creek Parkway is proposed for completion in the last ten months of construction. Northern Cablevision has now established a local telephone number where residents can call to obtain information concerning cable television in the northwest suburbs. That number is 540 -0020. i s ( t b MEMORANDUM TO: G.G. Splinter, City Manager FROM: Paul W. Holmlund Director of Finance 4 DATE: January 20, 1982 SUBJECT: PROJECTED 1982 STATE AIDS REDUCTION These are our 1982 State aids projected reductions based on information received from the Association of Metropolitan Municipalities, 1. LOCAL GOVERNMENT AIDS (Total State reduction is $30 million) 11.03% reduction from originally announced aid. ($1,627,078 X 11.030) _ $ 179,467 2. HOMESTEAD CREDIT: (Total State reduction is $8.4 million, no reduction to taxpayer) 1.74% reduction (rounded to 2%) of Credit estimated for 1982. The 1982 estimate is computed as follows: (1981 Homestead Credit X Growth Ratio X 1.08 maximum) ($735,756 X 1.00 X 1.08) = $794,616 $794,616 X 20 = $ 15,892 3. TOTAL 1982 STATE AIDS REDUCTION $ 195,359 4. Our reduction of $195,359 represents 3.460 of our total 1982 operating budget of $5,650,124. Respectfully submitted, cA w • 1-� P PWH:pk 5 - 7 assoGIaflOn Of U; t u L Metro oii - tan munidpaliflee NEW TAX BILL - AFFECT ON CITIES January 15, 1982 TO: AMM Member Municipalities (Chief Administrative Official) FROM: James Krautkremer, President The following is a summary of those sections of the State Financing Bill OF 2) affecting cities and property tax that was passed by the legisla- ture on January 11, 1982 and., allowed to become law by the Governor, January 14, 1982. Please transmit this information to the elected officials and other appointed officials in your city as appropriate. A. 1982 1. Local Government Aid - 1982 LGA has been reduced by $30 million -which equals an 11.03% reduction from the amount certified by the Revenue Department for your 1982 budget. - No recertification will-be allowed, therefore, the entire 11.03% of LGA will need to be subttacted from 1982 budgeted revenue and budget expenditures adjusted as appropriate. - Attached Machinery Aids were not reduced. 2.. Homestead Credit Although Homestead Credit was not reduced to the property taxpayer and an additional $14 million dollars was appro- priated to the General Fund to make payments to local units in 1982, there is still a projected deficit in the appropriation of $8.4 million which will be proportionally deducted from the state homestead credit payments to local units. - This amounts to a 1.74% reduction in homestead credit payments which were expected to be made to cities from July 1982 through December 1982. 300 hanover bldg. 480 cedar street, st. paul, minnesota 55 101' (612) 222 -2861 - For budget purposes, 2 might be a more appropriate number. If the 1982 homestead credit payment is unknown, the following formula will provide,a close estimate. (1981 homestead credit X homestead growth ratio X 1.08 = 1982 maximum homestead credit.) The 'Homestead growth ratio' was provided by the Revenue Department to each city for calculation and certification of 1982 levy limits. _ No recertification will be allowed, therefore, the 2% of 1982 homestead credit will need to be subtracted from 1982 budgeted revenue and budget expenditures adjusted as appropriate. 3. Property Taxes Cities and counties will not be allowed to recertify 1982 taxes but school districts have been given the option of a 2 mill increase. It is expected that most school districts will exercise this option. No other property tax increase or credit decrease was included for property taxpayers for 1932. 4. Shade Tree /State Grants. Shade Tree grant money for 1981 (not yet paid by state ) was reduced by one -third to $2.7 million. All Shade Tree grants money for 1982 has been eliminated. As to other grant programs administered through state departments, cities involved should contact the appropriate department to determine if cuts have been rude. B. . 1983 1. Levy Limits The 1982 Levy Limit law has been extended to 1983 and beyond Thus, the General Fund levy will be allowed to grow each year by homestead growth and 8% over the previous years General Fund levy. Bonded debt and all current special levies are retained as special levies. 2. Local Government Aid 1983 The 1983 appropriation was reduced by $23 million dollars. The new appropriation is equal to what the 1982 appropriation was prior to the $30 million cut. 3. Property Taxes Based on this bill, city and county taxes will increase by homestead growth plus 8 1 10' schools will be allowed the 2 mill option, and various current property tax credits remain intact. - The Transit Mill Rate for general operations of the MTC will increase from 1.72 mills to 2 mills within the Transit Taxing. District. C. MISCELLANEOUS Cities and counties, through a bill passed December 31, 1981, have been guaranteed payment (by February 26, 1982) of all the November /December 1981 withheld Local Government Aid and Homestead Credit. To ensure the state cash flow will provide money, the new bill contains: - Unlimited state borrowing authority Authority to borrow from dedicated funds -2- f - Authority to delay or withhold school aids and credits as needed - Authority to withhold December 1981 and January 1982 school aids until June 1982. NOTE: This analysis has been prepared by Roger Peterson, AMM Director of Legislative Affairs, and please call him (222 -2861) should you have additional questions. JJK/cr V -3- { MEMORANDUM TO: Gerald Splinter, City Manager FROM: Jim Lindsay, Chief of Police \4' DATE: January 20, 1982 U SUBJECT: License for Town Taxi Incorporated Attached please find a copy of the investigation performed on Town Taxi Incorporated in regard to their license renewal for 1982. According to the investigation, Town Taxi Incorporated meets all the requirements for the license and we can find no reason not to renew their license for 1982. The following is a resume of the investigation of Brooklyn Center Case #82- 00904, Town Taxi Corporation, Steven A. HARVEY, President, • in application for a license to operate a taxi service within the corporate limits of the City of Brooklyn Center, Hennepin County, Minnesota as provided by City Ordinance. This resume has been pre- pared by Investigator A. Paul MONTEEN and transcribed and typewritten by Barbara PIETRZAK, Clerk- typist for the Brooklyn Center Police Department. APPLICANT: Town Taxi Corporation Steven A. HARVEY, President 7440 Oxford Street Hopkins, MN 55426 Telephone: 935 -0345 VEHICLES FOR CONSIDERATION AND LICENSING: Cab A,ode1 License Number Make Year Number Owner /Operator 121 Oldsmobile 1979 EFU085 Wayne Quinehan 122 Mercury 1979 DMC249 Gordon Piper 123 Ford 1976 EAN792 Emmett Algers 124 Chevrolet 1978 CNW420 John Ewer 125 Ford 1977 FBK844 Samuel Gordon 126 Dodge 1978 DQT633 Kenneth Ewer 127 Ford 1978 EWK221 Kenneth Peterson 129 Chevrolet 1978 EKT130 Lyle Hanson 130 Ford 1977 EKC422 George Stone 131 Chevrolet 1975 EJX961 Joseph Cantin 132 Chevrolet 1976 CJM656 Robert Fein 136 Buick 1976 BZE497 Robert Kalish 137 Plymouth 1980 FJF618 John Brackeen 139 Ford 1977 BBY257 Robert Wyatt 140 Ford 1978 ELL170 Arnold McLean 141 Ford 1976 CPL398 Ronald Budolfson 143 Plymouth 1976 BQW793 David Ruble 144 Ford 1978 CJJ244 George Smith 145 Chevrolet 1978 FBG831 Duane Thrugstad 146 Ford 1978 ELM917 Clifford Pieper In reviewing the license application for Town Taxi, Investigator MONTEEN received a copy of the Guaranty National Insurance Company of Denver, Colorado's declarations - business auto policy indicating that Town Taxi, Incorporated and Suburban Taxi of 7440 Oxford St., St. Louis Park, MN 55426, operating a taxi as a Minnesota Corporation had applied for and received insurance from the Guaranty National Insurance Company through the.Roger M. HANAUER Agency Incorporated of White Bear Lake, MN, telephone 429- 5305. License Investigation of Town Taxi Case #82- 00904 Page 2 J Investigator MONTEEN did check with the HANAUER Agency and confirm that the Town Taxi Incorporated does in fact carry insurance on the vehicles in amounts equal to or greater than those required by state law. MONTEEN also received a copy of the St. Louis Park taxi cab inspection certificate for the above entitled twenty (20) vehicles in question as St. Louis Park has a system for inspection and certification of all vehicles and employs a trained inspector, Donald VOSS, badge #122. Investigator MONTEEN was in contact with the St. Louis Park Police Department, Officer Donald VOSS, and found that in licensing taxi cabs St. Louis Park does inspect each vehicle including a 23 point equipment check list which not only deals with the safety factors of the vehicle but also includes a check of the appearance of the vehicle. Moreover a check of the meter, calibration and operation is done by the St. Louis Park Police Department. As well, the drivers license number of each operator of the taxi cab in question is provided to the St. Louis Park Police Department and the St. Louis Park Police Department runs a driving record check on the validity of the drivers license as well as a warrant check in Hennepin County and the county of residence for each driver. In the case of each of the above entitled vehicles at the time of inspection, all were certified to be in good operating condition with a reasonable exterior appearance and a clean, nice appearing • interior. As well, the meters were in good operating condition, illuminated and sealed and the calibration of time and mileage was certified to be correct by Officer VOSS. As well, Officer VOSS found that each.owner /operator and driver did hold a valid Minnesota drivers license and is currently clear of warrants. Town Taxi Corporation has made application for a license to operate the above listed vehicles within the corporate limits of the City of Brooklyn Center and has submitted copies of the taxi cab inspection forms prepared by the St. Louis Park Police Department and has submitted a copy of the insurance carried on corporate vehicles. It would appear the vehicles are in good operating condition of acceptable appearance ppearance and proper calibration. Investigator MONTEEN can find no reason to deny a license to the Town Taxi Corporation based on the investigation conducted. z; Y A. Paul MONTEEN 1 -18 -82 1245 i Licenses to ;be approved by the City Council on January 25, 1982 CIGARETTE LICENSE e's Standard Service 6501 Humboldt Ave. N. City Clerk GARBAGE AND REFUSE HAULER'S LICENSE Crosstown Sanitation Box 12; Excelsior Sanitarian GASOLINE SERVICE STATION LICENSE Brooklyn Service Center 6901 Brooklyn Blvd. Dukes Standard Service 6501 Humboldt Ave. N. City Clerk KENNEL LICENSE Northbrook Animal Hospital 413 66th Ave. N. Snyder Brothers Brookdale Shopping Ctr. Sanitarian LODGING ESTABLISHMENT LICENSE Brookdale Motel 6500 Lyndale Ave. N. QQ/Yl Sanitarian MECHANICAL SYSTEM'S LICENSE Acme Sheet Metal Co. 2315 Hampden Ave. Hovde Plumbing & Heating 2222 Edgewood Ave. S.•� •�. BuildiriqNbfficial NONPERISHABLE VENDING MACHINE LICENSE mare's BUdgetel 6415 James Circle Sanitarian RENTAL DWELLING LICENSE Initial: Michael C. Sundby 6501 Brooklyn Drive Clinton A. Sawinski 5918 Dupont Ave. N. Mike Thompson 5449 Emerson Ave. N. Jim Preissner " � ++ Jerry Johnson is ts Patricia Zawislak 5543 Judy Lane Bonnie Maloney to of of Roger N. Eye 5332 Morgan Ave. N. Dick Whinnery 6733 Perry Ave. N. Dale Whinnery " to 11 to Charles W: Fykson 904 53rd Ave. N. Dennis & Charlene Dahler 2401 -2403 54th Ave. N. Renewals George A. Lucht 5105 Brooklyn Blvd. John S: Tschohl 5345 Colfax Ave. N. John S. Tschohl 5352 Emerson Ave. N. Richard Arntson 4220 Lakeside Ave. N. David W Zemke 6813 Noble Ave. N. Harold & Howard Swanson 7240 W. River Road William Kirby 5006 Zenith Ave. N. Director of Planning and Inspection TAXICAB LICENSE ' Town Taxi Corporation 7440 Oxford St. City Clerk GENERAL APPROVAL: fi Gerald G. Spli` r, City Manager /City Clerk d LAW OFFICES LIEFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ CLAYTON L. LEFEVERE A PROFESSIONAL ASSOCIATION HERBERT F. LEFLER 2000 FIRST BANK PLACE WEST BROOKLYN CENTER OFFICE J. DENNIS O'BR1EN 103 BROOKLYN.LAW CENTER JOHN E.DRAWZ MINNEAPOLIS, MINNESOTA 55402 5637 BROOKLYN BOULEVARD DAVID J. KENNEDY BROOKLYN CENTER, MINNESOTA 55429 JOHN S. DEAN TELEPHONE (612) 333 -0543 - (612) 536 -8037 GLENN E. PURDUE CHARLES L.LEFEVERE HERBERT P. LEFLER, III RICHARD J. SCHIEFFER JEFFREY J. STRAND .JAMES P, O'MEARA MARY J. SJORKLUND - .JOHN G. KRESSEL DAYLE NOLAN CINDY L. LAVORATO January Fifth 1 9 8 2 Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Wolk vs. Decowski, et al. Dear Jerry: I The above captioned civil case is of interest to Brooklyn Center f` since Scott Kline is named as a defendant. A copy of the complaint is enclosed. r Apparently, our only involvement is that Captain Kline permitted the investigating officers from Hennepin County to use a room in the Police Department to set up their wire tap. Our department' had no official interest in the case. t t Cindy Lavorato is preparing an answer and will participate in the discovery proceedings which are scheduled to commence sometime early this summer. Our hope is that we can be dis missed out of the .case once the facts of Captain. Kline 's min - imal involvement are brought out. The expenses of defending this lawsuit may be paid by the City under §471.44 and .45, which is the same statutory authority used in the Jogodka case. The statute appears to be mandatory , but you may wish to have the City Council take official action. We are tendering the defense to our insurance carrier also, but do not hold much hope that they will agree to defend since the claim is that of an intentional act rather than negligence. LAW OFFICES LEFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ Gerald Splinter, City Manager January 5, 1982 Page two If you have questions, please call. Sincerely, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ A Professional Association l� 3 Richard J. Schieffer s f RJS:lgb cc: file enc.: J } ,�}oz � ouz �r. nmation � sr.,rr, uI W."ITRICT Cout:T COU, ;'1'Y ilENN1:PI *J l'c�lll;';f1 JUDICLIL UlS'>'It7C'T Mar', Louic.,a [yolk, [�illiam ) Charles I:� lk. °, and John Earnest C.::,ra, ) i Plaintiff,, ) ti VS. ) C O M P L A I N T Jam' -F Dalo 10;t ;, is purr ;tornc•ck, } Jeror.;o : Cott Kline, ) Ju. ds Do. and :Mar;' Roe, ) Defendants. ) ;:laintiffs and for their caUse and a,.t.ions, :tat. and alle.r� 1. That Mary Louise WLlk is .in individual rc:ridinq i t ? 15 Filmore Avenue N.F.., Minneapolis, Minnesota, County of Hennepin. r 2. That William Charles W'olk is an individual residinq in Hennepin County at 2838 Filmore Avenue N.L., Minneapolis, Minnesota. 3. That John Earnest Capra is an ir.cti.•iduai resid;ny Hennepin County at 5344 P.ussell Avenue North, Br.00kl { y:. Cont , t Mir:uesot I. 1. That James Decowsk.i , Daniol Dunl.:v; , and lialc law unfc:rc°e:nont officers employed by th, Ilenaepin County SlIc r i' ." Depar tment . 5. That Robert Berneck and Ja: ot:ru Nven.rui.s :ere laa; forcement uEficers employed by the Police Dc partment: of the Ci; Minneapolis. i 6. Th.it 'Scott Kline is a law enforc,•nrent ofticur by *:hQ Police Department of the City of Brooklyn Center. 7. That John Doe and Mary Roo are individuc,i:;, unknown plaintiffs, whu have intercepted, di sclosod, used or 'pi ocurrd otlt,�I i r } persuns.t,, intercept, disclose or use oral communications i.n Of Minn. Stat.§626A8.01 et seq. COU ONE 8. That from 3:14 p.m. on January 2, 1981 until r.r ].cast t 11:33 a.:a. on January 4, 1981, the oral telc•Phurl.e communications o: piaintiits Miry Louise Wolk and William Charles; Wolk, grade to and from the:: resi.d,•nce at 2838 Filcrore Av(• nuo N.L. wQrr lntc•r r , J recorded �:n 1<).1 ':'hat the inclividuai:; tahc� p l fcll:u ,i ::z id i ;rtwz?,>})tion ln%luded •.�,C .'ants Uc �pl•15 .Dell lctVy, JO(14'Ei, bernock. :11,d iiyeTlh Ulb. LO. That other unknown .in(Iiviclaals may also have parLi- cipated in the interception, or may otherwise Wray have been i.nforr.. -d of L!te content. >; of the communication so intercepted, or may have used, Chi` COIILt llt:: 11. 'That an Order of the Ficnnc:)in "aunty District CCU t, pursuant to Minn. Stat. §626A8.06 to authorize the interception t): ti;r oral telephone communications of plaintiffs nary Louise Volk and William Charles Walk was signed on January 2, 1981 by 11ennepin County d District Judge Allen Oleisky, and is attached Hereto as Exhibit 1. 12. That said Order is invalid on its faire as it is based )n an application for the interception of wire and'or oral conununi.;at ions relating to violations of Minn. Stat. §609.75 and §609.76 which otfonses are defined as gross misdemeanors by the statutes. And, Minn. S::at. S626A.0� t iaoaiuits the intercenti n of wire (- :- cos.: :u, ^,i ti•:: except where "such interception may provide evidence of the corlmission of any criminal felony offense ". 13. That defendants knew that any wiretap authorized pur- suant to the affidavits of officer Berneck and Deputy Docowski woulli be and were unlawful. 14. That said Order is further invalid in that: no proba!;!. cause for its issuance existed in that; a) The application by Deputy Decowski deliberately, maliciously, intentionally, feloniously and wantonly mis- represented that other investigative techniques had not in the past and, most likely, would not in the futur(', meet with success. b) The application by Deputy Decowski deliberately, maliciously, intentionally, feloniously and wantonly 1111!. - ' represented that other investigative techniques would i.,+ too dangerous. a 15. That in willfully making application for an Order to intercept oral or wire communications for purposes not authorized by Minnesota Statutes, Chapter 626A, and in intercepting the wire and oral communications of plaintiffs Mary Louise Wolk and William Charles Wolk, defendant Decowski has violated the Minnesota Prifacy of Com- munications Act, and is civilly liable to plaintiffs therefore. it: WilIfulIy ir.:,rc0l,Lirnt, en.ieavcsritF ;; t.0 tt.tercr.i,t, i USillj :i;hi . il:; c''.:1 \';.)C:r�l to IISe the CJnti:'ntS Uf t!I, municati rceptc'd, defendants Ulmluv , Nyenilais, 1Z0k! have vi011ILed the Privacy of Communications Act and are civill , liable to plait,tiffs th,'reforc. COUNT TWO 17. 'rhat the oral telephone communications of plaintiff Join to and l rO::I h,. s 1'CSl,i,'LCJ , cept,..t, t - ��lt Y, �..i t;l,l lr).tgL "I :rOml ai "u \lmla `t' 9; .1.I'l., De,*, 11'er '?(., 1980, t0 CU X i Lvi t. 1 4:3i, p.tn., Docember 28, 1 That said oral telophot;e conununicatiuns were irter- cepte 1, records d t:nd log_ 9ed by duf.,ndants Docowski , i:l irti`, tic rr.�•c k., Nvenhuis and Jones. i9. That ct}ls individuals unknu�Yn t.cr pa rely a.1 :.o have participated in the interception and roCO: and logging of plaintiff Capra's oral cOtamunications, or may lta` -e otherwise been informed of the contents of said cottmunicatibn so intcrCOPted or may have used, divulgr.i or disclosed the contents of .t<l comstunic,tt_uns • 20. That an Order of the Hennepin County Di-strict Court pursuant to Dlinn. Stat. §626A.06 authorizing the interception of plaintiff Capra's oral telephone conununication t:'as signed on December 4, 1980 b Hennepin nnepin Count District strict Judce All e Oleisk Y and is attachc:•d !leretc as Exhibit 2. 21. That said Order is invalid on its race as it is hasc•d oi. an application for the interception of wire or oral communications relating only to violations of Minn. State G § 09.7 and f609.7 0, w ' hlcit k are gross misdemeanors and that Minn. Stat. 5626A.05 prohibit.:. the interceUti ,Jr: t)f wire or oral co:;ununications exctrpt witar. ucil info: mation may provide evidence of the conwtission_0f any criminal felony 22. That defendants knew that any wiretap authorized pursuant to the affiJavits of officer Berneck and Deputy becowski would be an,i were unlawful. 23. That said Order is further invalid in that 110 probal,le cause for its issuance existed in that: al The application by Deputy Decowski deliberately, maliciously, intentionally, feloniously and wantonly mis- represented that other investigative techniques la(' riot t t 0, ' ..... ;t,u�i illit•:it i� :I f.'1, i ..,.:L. - t - t_.: t li_. .li'.. .,t lull in V;iilft.11y_:nll : ina :I Gill £or rIII Or,i r to 1. ... c` :t:li , C,i. _ t� 2 ,t, �.il.. _ -!, t. ii oi, curarasnic.lt:i , nr. o: pl.;int C.'1i7rti, dofrtlrl:Int Il_r ^:l.i .;;is vi Itt: +i t'•l- 'lin:r .;c,t .'r va Act and i_. Civilly li.al i 7'h.,t iu t- .illfully viral ;;ctuli 1 , Cations of .Jolla 1:arllt2st l:apra, defendants Dunlevy, , 2 lecl:, .yer:(lui!;, h:l::cr DO..! lllld ltoo viola LOCI Miuna:;o L.a Stat ut,.xi�, Chap tvr 020A, ankl .1 , civilly liabL• tc, plaintiff Calera t1loreforc. Thc,t in willfully lnct rcepti -nc; a::: ce using, ondeavoring to use the contents o tLv oral and wire- coral ^ar.ications so in> orcepted, defendants Dun levy, is rur ck, No nYrai: Kiin 1 coe .tnd Doti violated Minnesota Statutes, CtttlpOw 626A, am! ara it. -.i ? liable to plaintiff Capra theroforr. l.HEREFOPE, plaintiffs Wolk, ,Qlk ant? Calera javi rnr tnc Court as follows: 1. For a permanent injum" iol. prohi hit_in Wfer l m _. a: t.: ._.a o :. ,_t1C'nt, from using, di\'lll.ang or W.,c....%]..ttt: tll'�.' For j udyment in favor of vacll cc,n.l.ar.t ,)ccv in a sum in excess of $50,000.60, said damatles 10 � t i,t:- trcbie,.l according to statute; s. For an award of punitive da;nages in favui of plaintii :.. tyuik, prul;; ..ind Capra against defendant Decowski; 1. For judgment in favor of Wolk, '.dulk, nd Capra ayainsL i deftnylarL Moownkl for all reasonable litir�ation costi;, includin(l } reason,:i,lu attorneys' fees; F' >1. 1.. Lo 1 0 1 r Lit: t. t ;:.i.i h; l .1 JO 'I,ir i;:t:t X11 i111�.ai�0 •iit }i:�II'. �i 5 5.1G 612/3 3 ii(,7t• B D.i v tcl i.. l„ a v u Suite 461' I:)3 c,', rit 80 South 8t.ir Strct't Minneapolis Mini... -t-tr- 5:1101 612/338-11 Ar- t0rnc, is for Pia i tit . i F k t { ADDITIONS LICENSES There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve the following list of licenses at the December 21, 1981 City Council meeting: POOL AND BILLIARD TABLE LICENSE Holiday Inn 1501 Freeway Blvd. 3 t i PUBLIC DANCE LICENSE Holiday Inn 1501 Freeway Blvd. RENTAL DWELLING LICENSE Initial: Eugene J. Sullivan 5407 Brooklyn Blvd. Howard A. Oien 5809 Brooklyn Blvd. Micahel & Donna Kaplan 5715 Knox Ave. N. Joon K. Kim 4216 Lakebreeze Ave. N. Joon K. Kim 4811 Lakeview Ave. N. Donald & Alberta Tousle r Y 7149 Logan Ave. N. pr Richard Winnery 3707 66th Ave. N. Young Ho Kang 1510 69th Ave. N. Renewal:`, Rudolph J. Olson 6505 Brooklyn Blvd. Gerald D. Abraham 5125 Ewing Ave. N. Raymond & Tracy Rice Y Y 5801 Ewing .Ave. N. Richard D. Kruger 7219 Indiana Ave. N. G.M.A.E. - N.L.H. 6546 Willow Lane N. Constance & James Fandrich 1215, 17 54th Ave. N. Jerry Harrington & Eugene Berg 1200 67th Ave. N. E 12 -21 -81